2021-22 assembly budget proposal

2021-22 Assembly Budget Proposal

INTRODUCTION Section 54 of the Legislative Law requires, among other things, a “comprehensive, cumulative report” to be made available to Members of the Assembly prior to action on budget bills advanced by the Governor. The following “Summary of the Assembly Recommended Changes to the Executive Budget” is prepared by Ways and Means Committee staff and is intended to provide a concise presentation of all additions, deletions, re-estimates and policy changes that are provided in the Assembly proposal, embodied in Assembly Resolution E. 107. The budget proposal of the Assembly Majority addresses each appropriation, as well as programmatic language that was first advanced in the Executive Budget.

OVERVIEW OF ASSEMBLY BUDGET PROPOSAL State Fiscal Year 2021-22

TABLE OF CONTENTS Financial Plan Overview ...................................................................................................................... 1

Summary of Recommended Changes by Agency

PUBLIC PROTECTION & GENERAL GOVERNMENT .................................................................. 1-1

EDUCATION, LABOR & FAMILY ASSISTANCE ........................................................................ 30-1

HEALTH & MENTAL HYGIENE ............................................................................................... 44-1

TRANSPORTATION, ECONOMIC DEVELOPMENT & ENVIRONMENTAL CONSERVATION ..... 53-1

LEGISLATURE AND JUDICIARY .............................................................................................. 70-1

DEBT SERVICE/CAPITAL ........................................................................................................ 71-1

Financial Plan Overview

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Financial Plan

Table 1

SFY 2020-21 SFY 2021-22Close-Out Executive Assembly

General Funds 74,747 82,883 91,632 8,749State Operating Funds 102,186 105,005 113,328 8,323State Funds 114,367 120,383 128,806 8,423All Funds 192,730 196,023 208,311 12,288

NYS Assembly Disbursements - Difference from Executive($ in Millions)

SFY 2021-22 Difference

All Funds The All Funds Budget is the broadest measure of spending; it accounts for unrestricted and restricted State funds as well as funds received from the Federal government. The Assembly proposes an All Funds budget of $208.3 billion for State Fiscal Year (SFY) 2021-22, which is $12.3 billion over the Executive Plan. This is largely attributed to $3.7 billion in restorations of the Executive’s proposed local aid reductions and withholdings; and commitments to school aid, higher education, housing, rental assistance, small businesses, childcare, excluded workers and other programs. The Assembly All Funds receipts are estimated at $206.2 billion, which represents an increase of $13.4 billion over the Executive Plan and an increase of $10.0 billion or 5.1 percent above SFY 2020-21 estimates. This is mainly attributed to $3.3 billion in Federal receipts from childcare and Medicaid; $3 billion in additional unrestricted Federal aid; a $2.7 billion increase in personal income tax over the Executive level; $1.7 billion in business and other taxes; and $1.4 billion in consensus revenues. State Funds State Funds spending consists of the General Fund, Debt Service Funds, Capital Projects Funds and Other State Funds. State Funds spending under the Assembly Plan is projected to total $128.8 billion in SFY 2021-22, representing an increase of $8.4 billion or 7.0 percent over the Executive’s Plan, and an increase of $14.4 billion over SFY 2020-21.

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The Assembly estimates State Funds receipts in SFY 2021-22 will total $125.0 billion, an increase of $9.5 billion over the Executive Plan, and an increase of $13.1 billion or 11.7 percent from SFY 2020-21. State Operating Funds The State Operating budget includes all State spending from the General Fund, State Special Revenue Funds, and Debt Service Funds. This measure excludes Capital Projects Funds and Federal spending. The Assembly Plan assumes State Operating Funds spending of $113.3 billion, an increase of $8.3 billion, or 7.9 percent over the Executive’s estimate and an increase of $11.1 billion or 10.9 percent over SFY 2020-21. State Operating Fund receipts are estimated at $113.8 billion, an increase of $9.5 billion or 9.1 percent over the Executive Plan; and an increase of $11.6 billion or 11.3 percent increase from SFY 2020-21. General Fund The General Fund is the primary operating fund of the State and accounts for all unrestricted tax revenue and other receipts not dedicated to a specific fund, program or activity. The General Fund receives monies from personal income taxes, sales and users taxes, business taxes, other taxes, miscellaneous receipts, and transfers from other funds. The SFY 2021-22 Assembly Financial Plan proposal projects that General Fund spending will total $91.6 billion. The proposed spending is $9.3 billion over the Executive proposal. This is largely attributed to $3.1 billion in restoration of the Executive’s proposed local aid reductions and withholdings; and commitments to school aid, higher education, rental assistance, small businesses, childcare, excluded workers, and other programs. The Assembly General Fund Spending represents an increase of $16.9 billion or 22.6 percent from SFY 2020-21 estimated levels. This is attributed to additional spending and restoration actions of $8.7 billion over the Executive proposed spending estimates of $8.1 billion. In SFY 2021-22, General Fund receipts are estimated to total $90.6 billion. The proposed Assembly receipts are $9.3 billion over the Executive forecast and $15.0 billion or 19.8 percent over SFY 2020-21.

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Table 2

SFY 2020-21SFY 2019-20

ActualAssembly Estimate

SFY 2021-22 Assembly Plan

State Operating Funds BudgetSize of Budget 102,160 102,186 113,328Annual Growth 0.3% 0.03% 10.9%

Other Budget Measure (Annual Growth)

General Fund (with Transfers) 77,469 74,747 91,632Annual Growth 6.4% -3.5% 22.6%

State Funds (Including Capital) 112,294 114,307 128,806Annual Growth 1.8% 12.7%

Capital Budget (Federal and State) 11,999 13,949 17,309Annual Growth -2.2% 16.3% 24.1%

Federal Operating Aid 58,823 76,595 80,674Annual Growth 0.6% 30.2% 5.3%

All Governmental Funds 173,467 192,730 208,311Annual Growth 1.2% 11.1% 8.1%

Inflation (CPI) Growth¹ 1.9% 1.1% 2.3%

All Funds ReceiptsTaxes 82,889 80,364 91,446Miscellaneous receipts 29,466 31,707 27,743Federal grants 65,080 84,096 86,990Total Receipts 177,435 196,167 206,179

General Fund ReceiptsTaxes 40,141 39,342 47,185Miscellaneous receipts 3,159 6,913 1,860Transfer from Other Funds 35,907 27,803 34,840Total Receipts 79,207 74,058 83,884

Total General Fund Reserves (Year-end) 8,944 8,255 10,359Tax Stabilization/Rainy Day Reserves 2,476 2,476 2,476Extraordinary Monetary Settlements 2,610 2,185 1,226Economic Uncertainties 890 1,490 1,490All Other Reserves/Fund Balances 2,968 2,104 5,167

DebtDebt Service as % of All Funds 2.8% 3.9% 3.7%State Related Debt Outstanding 54,447 59,852 67,683Debt Outstanding as % Personal Income 3.9% 4.1% 4.6%

Financial Plan Summary($ in Millions)

¹Inflation (CPI) growth for SFY 2017-18 and SFY 2018-19 are based on Executive estimates.

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Assembly Actions on Executive Budget

Table 3

General Fund

State Operating

Funds State Funds All FundsExecutive Opening Balance 7,237 12,182 11,850 15,516

Assembly Opening Balance 9,855 14,800 14,468 18,134

EXECUTIVE RECEIPTS 81,376 104,311 115,538 192,814

Tax Avails 5,218 5,218 5,218 5,218Tax Cuts (989) (989) (989) (989)Misc. Receipts/Fees 93 160 160 160Sweeps (163) 0 0 0Tax & Misc Rec Reestimates 2,111 2,111 2,111 2,111Federal 3,000 3,000 3,000 6,865

Assembly Receipts 90,646 113,811 125,038 206,179

Change in Receipts 9,270 9,500 9,500 13,365

Executive Disbursements 82,883 105,005 120,383 196,023

Spending Addition 10,396 10,646 10,746 14,611

Spending Reduction (1,647) (1,647) (1,647) (1,647)

Assembly Disbursement 91,632 113,328 128,806 208,311

Change in Disbursements 8,749 8,323 8,423 12,288

Assembly Other Financing Changes 0 1,122 5,149 2,591

Assembly Change in Fund Balance (986) 1,605 1,381 459

Assembly Closing Fund Balance 8,869 16,405 15,849 18,593

Financial Plan SummarySFY 2021-22

As part of the revenue consensus process, the Assembly agreed to increase the revenue forecast by $1.0 billion in the current fiscal year and $1.4 billion in SFY 2021-22. The Assembly proposal assumes this re-estimate and would provide additional sources of revenue to increase General Fund receipts by $7.1 billion over the Executive Plan. Major actions include an increase

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in the State Personal Income Tax surcharge for high income earners, which would generate an additional $2.6 billion; the assumed receipt of an additional $3 billion in unrestricted Federal aid; a surcharge on capital gains of 1 percent over $1 million ($701.4 million); and an expansion of business tax surcharge ($1.0 billion).

Reserves

Table 4

Executive Assembly

Tax Stabilization Reserve Fund 1,258 1,258 Statutory Rainy Day Reserve Fund 1,218 1,218 Contingency Reserve Fund 21 21 Community Projects Fund 15 15 Monetary Settlements 1,226 1,226 Undesignated Fund Balance 2 3,141

Total 5,730 8,869

($ in Millions)SFY 2021-22 Estimated General Fund Closing Balance

The Assembly Budget estimates a closing fund balance $8.87 billion at the end of SFY 2021-22, a $3.1 billion increase from the Executive Plan. This is primarily attributed to an increase in revenue and various taxes.

Emergency Appropriations

• The Assembly modifies the Special Emergency appropriation ($2 billion) to restorecompetitive bidding procedures and the authority of the Comptroller to reviewcontracts.

• The Assembly provides $10 billion to the Special Federal Emergency appropriation, for atotal of $45 billion and modifies the language to restore the approval of transfer offunds by Speaker of the Assembly, or the Chair of the Assembly Ways and MeansCommittee, and the Temporary President of the Senate, or the Chair of the SenateFinance Committee. The Assembly also restores legislative approvals to re-appropriations of SFY 2020-21 funds.

• The Assembly modifies the Special Public Health Emergency appropriation ($6 billion) torestore competitive bidding procedures and the authority of the Comptroller to reviewcontracts derived from this appropriation including conditions and limitations for theuse of such funds and including the legislative approval of fund transfers.

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• The Assembly provides $4 billion to the Special Federal Emergency appropriation, for a total of $13 billion and modifies language to make spending from the appropriation subject to legislative approval to allocate funds. The Assembly proposes to allocate a portion of the unrestricted Federal aid to offset state spending for the following initiatives:

o $1 billion for the Small Business Reopening and Relief Grant Program; o $843 million for additional funding to supplement the State Emergency Rental

Assistance Program; o $250 million for the New York City Housing Authority; o $180 million for SUNY expansion projects; o $120 million for CUNY expansion projects; o $125 million for additional Aid and Incentives to Municipalities (AIM); o $100 million for the recovery of the New York arts community; o $100 million for reimbursement of operating expenses incurred by nonprofit

organizations respond to COVID-19; o $60 million for public housing; o $51.7 million for cost of living adjustments for Human Services programs; o $50 million for the Nourish NY program; o $40 million for anti-gun violence programs; o $25 million for PPE reimbursement for OMH, OASAS and OPWDD voluntary

providers; o $25 million for the I Love New York Restaurants grant program; o $20 million for Medication Assisted Treatment (MAT) for correctional facilities; o $15 million for a Digital Inclusion grant program; o $10 million for local fairs; o $3 million for a statewide broadband availability study; o $1 million for Many Threads, One Fabric Union-led Implicit Bias Training for

public school educators; o $900,000 for installation of broadband within state-operated congregate

facilities; and o $125,000 for medically fragile children.

Appropriations Preamble Language

• The Assembly does not include language in the preamble of the State Operations, Aid to Localities, and Capital Executive appropriation bills that would provide authority for the Division of Budget to:

o withhold planned local assistance disbursements if unrestricted Federal aid of at

least $3 billion is not approved by August 31, 2021;

o request and approve Federal aid spending plans from any agency or public authority;

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o credit refunded amounts back to an original appropriation and reduce expenditures in the year the credit is received;

o reduce amounts owed to New York City if any State agencies incur any cost related to the administration of New York City’s rent regulation program;

o withhold funding from any municipality with a police department that fails to

submit a Police Reform Plan pursuant to Executive Order 203;

o require the Legislature to act on the Aid to Localities bill prior to the State Operations bill; and

o increase or decrease by interchange or transfer without limit, the amount of any

state operations appropriations with any other appropriation of any department, agency or public authority.

SFY 2020-21 Estimated Closeouts As part of revenue consensus, the Assembly Plan increases PIT receipts in SFY 2020-21 by $1.02 billion as compared to the Executive’s 30-day Financial Plan. Additionally, the Assembly Plan does not include the prepayment of $1.6 billion in SFY 2020-21 of debt service due in SFY 2022-23 through SFY 2024-25. As a result, the SFY 2020-21 General Fund closing balance is estimated at $9.86 billion, an increase of $2.6 billion over the Executive proposal.

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Table 5

2020-21 Estimated Legislative

2021-22 Legislative

Plan Change% Change from 20-21 to 21-22

Opening fund balance 14,283 18,134 3,851 27.0%

Receipts: Taxes 80,364 91,446 11,082 13.8% Miscellaneous receipts 31,707 27,743 (3,964) (12.5%) Federal grants 84,096 86,990 2,894 3.4%

Total Receipts 196,167 206,179 10,012 5.1%

Disbursements: Grants to local governments 142,324 159,814 17,490 12.3% State operations 22,807 22,484 (323) (1.4%) General State charges 8,619 10,156 1,537 17.8% Debt service 10,435 6,377 (4,058) (38.9%) Capital projects 8,545 9,480 935 10.9%

Total Disbursements 192,730 208,311 15,581 8.1%

Other financing sources (uses) Transfers from other funds 37,471 45,051 7,580 20.2%

Transfers to other funds (37,422) (42,873) (5,451) 14.6% Bond and note proceeds 365 413 48 13.2%

Net other financing sources (uses) 414 2,591 2,177 525.8%

Change in fund balance 3,851 459

Closing fund balance 18,134 18,593

CASH FINANCIAL PLANALL FUNDS

Estimated 30-Day Closeout 2020-21 vs Assembly Plan 2021-22($ in millions)

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Table 6

2020-21 Estimated Legislative Closeout

2021-22 Legislative Plan Change

% Change from 20-21 to 21-22

Opening fund balance 13,936 14,468 532 3.8%

Receipts: Taxes 80,364 91,446 11,082 13.8% Miscellaneous receipts 31,487 27,535 (3,952) (12.6%) Federal grants 56 6,057 6,001 10716.1%

Total Receipts 111,907 125,038 13,131 11.7%

Disbursements: Grants to local governments 71,373 85,132 13,759 19.3% State operations 18,077 19,160 1,083 6.0% General State charges 7,146 9,781 2,635 36.9% Debt service 10,291 6,377 (3,914) (38.0%) Capital projects 7,480 8,355 875 11.7%


Other financing sources (uses) Transfers from other funds 37,872 45,427 7,555 19.9% Transfers to other funds (35,245) (40,691) (5,446) 15.5% Bond and note proceeds 365 413 48 13.2%

Net other financing sources (uses) 2,992 5,149 2,157 72.1%

Change in fund balance 532 1,381


CASH FINANCIAL PLANSTATE FUNDS


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Table 7

2020-21 Estimated Legislative Closeout

2021-22 Legislative

Plan Change% Change from 20-21 to 21-22


Receipts: Taxes 79,182 90,127 10,945 13.8% Miscellaneous receipts 22,988 17,632 (5,356) (23.3%) Federal grants 51 6,052 6,001 11766.7% Total Receipts 102,221 113,811 11,590 11.3%

Disbursements: Grants to local governments 66,672 78,009 11,337 17.0% State operations 18,077 19,160 1,083 6.0% General State charges 7,146 9,781 2,635 36.9% Debt service 10,291 6,377 (3,914) (38.0%) Capital projects 0 0 0 0.0% Total Disbursements 102,186 113,328 11,142 10.90%

Other financing sources (uses) Transfers from other funds 34,108 40,349 6,241 18.3% Transfers to other funds (33,750) (39,227) (5,477) 16.2% Bond and note proceeds 0 0 0

Net other financing sources (uses) 358 1,122 764 213.3%

Change in fund balance 393 1,605


CASH FINANCIAL PLANSTATE OPERATING FUNDS


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Table 8

2020-21 Estimated Closeout

2021-22 Legislative Plan Change

% Change from 20-21 to 21-22


Receipts: Taxes Personal Income Tax 25,000 30,794 5,794 23.2% User taxes and fees 7,196 7,666 470 6.5% Business taxes 5,921 7,095 1,174 19.8% Other taxes 1,225 1,668 443 36.2%

Miscellanous Receipts 6,913 1,860 (5,054) (73.1%) Federal grants 0 6,000 6,000 0.0% Transfers from other funds

- PIT Revenue Bond 18,575 25,647 7,072 38.1%- ECEP Revenue Bond 2 3 1 0.0%- LGAC 3,206 3,525 319 10.0%-Sales Tax 2,131 2,251 120 5.6%

- RETT 730 831 101 13.8%- All other 3,159 3,307 148 4.7% Total Receipts 74,058 90,646 16,588 22.4%

Disbursements: Grants to local governments 52,011 63,796 11,785 22.7% State operations 10,615 11,752 1,137 10.7% General State charges 6,084 8,701 2,617 43.0%

Transfers to other funds - Debt service 309 424 115 37.2% - Capital projects 2,983 4,322 1,339 44.9% - State Share Medicaid 0 0 0.0% - SUNY Operations 1,239 1,226 (13) (1.0%) - Other purposes 1,506 1,410 (96) (6.4%)


Change in fund balance (689) (986)


CASH FINANCIAL PLANGENERAL FUND


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Revenue Pursuant to the provisions of Section 23 of the State Finance Law, the Director of the Budget, the Secretary of the Senate Finance Committee, and the Secretary of the Ways and Means Committee are required to issue a joint report containing a consensus economic forecast and revenue estimate, no later than March 1st. If there is a failure to issue a consensus report, the State Comptroller is required, no later than March 5th, to provide estimates of available revenues for the current and upcoming fiscal year. The Executive and the Legislature reached consensus and provide the following update:

ECONOMIC AND REVENUE CONSENSUS REPORT FY 2022 This report contains the results of the consensus economic and revenue forecasting process conducted by the Executive and the Legislature in advance of the enactment of the FY 2022 Budget, pursuant to the provisions of Chapter 309 of the Laws of 1996.

The Consensus Forecasting Conference was held on February 24, 2021. Based on the testimony of experts at the Conference, the baseline outlook for both the economy and revenue remains highly uncertain and vulnerable to the effects of the COVID-19 pandemic. However, the national and state economies are expected to continue the current recovery path, both of which benefit from the increased availability of vaccines as well as substantial federal stimulus aid and supportive monetary policy.

Economic Forecast Review

The economic forecasts contained in the Executive Budget and Legislative reports portray recovering national and state economies for both the 2021 and 2022 calendar years. It is important to note that all parties’ forecasts were completed prior to the February 24 Consensus Forecasting Conference. All parties agree that the national economy, as measured by inflation-adjusted Gross Domestic Product, will recover robustly in 2021, following an unprecedented 3.5 percent decline in 2020. The consensus forecast for U.S. real GDP growth for 2021 is 5.7 percent, inclusive of additional federal fiscal stimulus, followed by growth of 3.7 percent for 2022. All parties expect national employment growth to continue to recover. The consensus forecast calls for employment growth of 2.8 percent in 2021 and 3.6 percent in 2022, following a dramatic decline of 5.7 percent in 2020. All parties expect a higher rate of consumer price inflation for 2021 and 2022, as measured by the Consumer Price Index. All parties consent to an inflation rate projection of 2.3 percent for 2021 and 2.4 percent for 2022. Consistent with expectations pertaining to both employment and inflation, all parties consent to a wage growth

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projection of 6.7 percent for 2021 and 5.2 percent for 2022, following growth of just 0.6 percent for 2020. Similarly, all parties consent to a personal income growth projection of 5.7 percent for 2021 and a decline of 0.6 percent for 2022, following growth of 6.3 percent for 2020. The consensus forecast for U.S. corporate profits, with capital consumption and inventory valuation adjustments included, calls for a recovery in 2021 with growth of 6.4 percent in 2021 and 5.1 percent in 2022. All parties agree that the yearly yield on 3-Month Treasury bills will average 0.2 percent in 2021 and 0.3 percent in 2022, based on the parties’ baseline forecast assumptions.

Table 9 CONSENSUS U.S. FORECAST

CALENDAR YEAR Percent Change

CY2021 CY2022

REAL GDP 5.7 3.7 PERSONAL INCOME 5.7 (0.6)

WAGES 6.7 5.2CORP PROFITS 6.4 5.1

NONFARM EMPLOYMENT 2.8 3.6 3-MONTH T-BILL RATE 0.2 0.3

CPI 2.3 2.4

The parties agree that payroll employment in New York State will increase by 8.8 percent in FY 2022, following a dramatic 12.1 percent decline in FY 2021. The consensus forecast for personal income growth is 6.5 percent for FY 2021 and 2.8 percent for FY 2022. The consensus forecast calls for wage growth of 6.4 percent for FY 2022, following a decline of 2.6 percent for FY 2021.

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Table 10 CONSENSUS N.Y. FORECAST

FISCAL YEAR Percent Change

FY 2021 FY 2022

NONFARM EMPLOYMENT (12.1) 8.8 PERSONAL INCOME 6.5 2.8

WAGES (2.6) 6.4

Note: The Senate and Assembly Minority construct their personal income and wage series based on BEA data, whereas all other parties use NYS Department of Labor QCEW data; the two series can deviate substantially from one another.

All parties agree that there are multiple and elevated risks to the economic outlook for the national and state economies. Any unanticipated setbacks to the ongoing efforts to contain the spread of the Coronavirus, and therefore the sustainable re-opening of all sectors of the economy, will continue to be a significant downside risk to the economic and revenue forecasts, as it directly impacts the financial markets, global supply chains and trade.

In contrast, a quick resolution of the Coronavirus pandemic, both domestically and internationally, will lead to stronger growth in output, employment, wages and corporate profits than reflected in the consensus forecast.

Risks to both the national and the New York forecasts also stem from monetary and fiscal policy actions. Higher interest rates than reflected in the consensus forecast could hamper the housing recovery and reduce business investment and hiring. As the world’s financial capital, New York could be negatively affected should interest rates materially deviate from the pace that is reflected in the consensus forecast. All parties identify the financial market outlook as critical for the health of the state economy and the underlying tax base. The impact of the federal tax law changes on taxpayer behavior, especially the state and local taxes (SALT) deduction limitation, will continue to present a major source of risk to the state’s housing market, especially in certain downstate markets. In addition, all parties agree that the spread of the Coronavirus has substantially impacted the commuting and teleworking patterns of workers with implications for the economic and fiscal outlook of the State.

Revenue Forecast Review

Section 23 of the State Finance Law defines receipts subject to consensus as the combined total of All Funds tax receipts, General Fund miscellaneous receipts and lottery revenues. The revenue estimates from all parties for FY 2021 and projections for FY 2022 exhibited significant variance, but participants reached consensus on a two-year revenue total that is $2.453 billion above the Executive Budget estimate.

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In addition to the risks mentioned above, the following risk factors could affect actual results during the next 13 months:

• the growth in financial sector bonus payments in the first quarter of calendar year 2022; and,

• the timing of the ongoing economic recovery and the efforts to contain and, hopefully, eradicate, the Coronavirus as a threat to the national and state economies.

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SFY 2021-22 Assembly Tax and Revenue Proposals • Part A – Personal Income Tax (PIT) High Income Surcharge: The Assembly modifies the

Executive’s proposal to establish a new progressive PIT surcharge on taxpayers with incomes over $5 million, to instead increase current 8.82 percent rate to 9.85 percent and to establish two new brackets as follows: 10.85 percent for taxpayers between $5 million and $25 million and 11.85 percent for taxpayers over $25 million. The Assembly does not include language that would allow for high income earners to prepay their liability and to receive an out-year tax deduction.

• Part B – Intentionally Omitted. • Part C – Pass-Through Entity Tax: The Assembly modifies the Executive proposal to

establish an optional pass-through entity tax, to accelerate the implementation date to include tax year 2020; allow additional eligible businesses to participate in the program; expand the types of income eligible for the tax; and provide for a progressive rate for filers with incomes over $5 million.

• Part D – Employer Child Care Credits: The Assembly modifies the Executive proposal to

establish a child care credit component to the Excelsior Jobs Program and to expand the Employer Provided Child Care Credit, to allow additional businesses to participate in the Excelsior program if they provide child care for their employees. In addition, the Assembly would accelerate, by one year, the effective date for the employer sponsored child care credit expansion.

• Part E – Modify and Simplify Various Business Tax Provisions: The Assembly accepts the Executive proposal to eliminate a $15 per trip tax on foreign bus and taxicab corporations that make trips into the State of New York; and to eliminate the State S-corporation election requirement, and require all federal S corporations to be treated as such for New York tax purposes.

• Part F – Modify the Film Tax Credit: The Assembly accepts the Executive proposal to extend

the Empire State Film Production Credit and the Film Post Production Credit for one year, through tax year 2026; remove the exemption for pilots from the minimum project budget requirements; and modify the Post Production Credit to expand the jurisdictions that are eligible to receive the 10 percent supplemental tax credit for labor costs to include: Columbia, Dutchess, Greene, Orange, Putnam, Rensselaer, Saratoga, Sullivan, Ulster, Warren, and Washington counties.

• Part G – Increase Wage and Withholding Filing Penalty: The Assembly modifies the

Executive proposal to increase the penalty imposed on employers for failure to provide complete and accurate wage reporting and withholding reports, to accept the increase in the penalty from $50 per employee to $100 per employee, but to increase the maximum

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penalty from $10,000 to $20,000 per employer, instead of the $50,000 maximum proposed by the Executive.

• Part H – Intentionally Omitted. • Part I – Intentionally Omitted. • Part J – Eliminate the State Racing Admissions Tax: The Assembly modifies the Executive

proposal to eliminate the four percent State racing admissions tax and instead apply the four percent sales tax to such transactions, to remove certain data sharing provisions.

• Part K – Sales Tax Refunds Interest Payments: The Assembly modifies the Executive proposal to increase the amount of time that the Tax Department has to review sales tax refund claims of over $100,000 without accruing interest, to accept certain technical amendments, but remove proposed provisions extending the interest-free period from three to six months.

• Part L – Intentionally Omitted. • Part M – Extend Dodd-Frank Protection Act Related Sales Tax Exemptions: The Assembly

accepts the Executive proposal to extend, for three years, the sales tax exemption provided to financial institutions that are required under federal law to create subsidiaries and then transfer the property or services to those subsidiaries without the transfer being considered a taxable sale.

• Part N – Sales Tax Remote Vendor Registration: The Assembly accepts the Executive proposal to make technical changes to clarify that the vendors with no physical presence in New York must only register and collect sales taxes if they have $500,000 in sales over the previous four quarters.

• Part O – Enhance Real Estate Transfer Tax (RETT) Compliance: The Assembly accepts the Executive proposal to add responsible billing language to RETT current law; prohibit sellers from passing on the basic RETT to buyers; and exempt certain entities that are members of LLCs from having to disclose all of their members/shareholders on a RETT return form in the sale of a building with four residential units or less.

• Part P – Modify Cigarette Vendor Enforcement: The Assembly modifies the Executive proposal to prohibit a retail dealer with revoked or suspended cigarette licenses from possessing any taxed cigarettes and tobacco products during the period of revocation or suspension, to remove language that would presume that such possession represents an “intent to sell” and remove language providing the authority for the Tax Department to suspend a retailer’s sales tax authorization for such violations.

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• Part Q – Simplify Certain Tax Filing and Reporting Requirements: The Assembly accepts the Executive proposal to reduce the tax filing frequency for certain low volume alcoholic beverage tax (ABT) and highway use tax (HUT) taxpayers to allow them to remit taxes on a quarterly or annual basis.

• Part R – Modify the Collection of the Taxicab Tax and Congestion Surcharge: The Assembly

accepts the Executive proposal to transfer the responsibility for the collection, reporting and remittance of the taxicab tax and congestion surcharge from individual agents, medallion owners and HAIL vehicle owners to the technology service providers that arrange for their trips.

• Part S – Tax Preparer Regulation and Enforcement: The Assembly modifies the Executive proposal to amend various tax preparer oversight provisions, to eliminate language establishing a new daily penalty and to modify the proposed language to maintain a 30 day penalty cure period. The Assembly accepts the language requiring the prominent posting of certain information and increasing in the existing penalties.

• Part T – Intentionally Omitted. • Part U – Intentionally Omitted. • Part V – School Tax Relief (STAR) Program: The Assembly modifies the Executive proposal

to transfer mobile home owners from the STAR exemption program to the STAR credit program, to have such owners transferred automatically, and to ensure they receive proper notification from the Tax Department. The Assembly removes the Executive proposals to: close the Enhanced STAR Exemption Program to new applicants and require newly-qualified taxpayers to enroll in the Enhanced STAR Credit Program; require that property owners who want to switch from the STAR exemption to the STAR credit must do so by May 1; authorize the Tax Department to provide reports of deceased persons to local assessors directly; and modify the STAR exemption appeals process to have any appeals determined by the Tax Department, rather than by the State Board of Real Property Tax Services

• Part W – Intentionally Omitted. • Part X – Intentionally Omitted. • Part Y - Authorize Mobile Sports Wagering and Establish a Casino Tax Rate Petition

Process: The Assembly modifies the Executive proposal to legalize mobile sports wagering within New York State, to replace the Executive’s centralized procurement model with an alternative structure operating through the existing New York State casinos, to establish a 12 percent tax on gross gaming revenue, and to establish a $12 million licensing fee for each participating platform. The Assembly does not include the proposed language establishing a process for casinos to petition for a lower tax rate.

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• Part Z – Intentionally Omitted. • Part AA – Intentionally Omitted. • Part BB – Modify Restriction on Lottery Draw Game Offerings: The Assembly modifies the

Executive proposal to eliminate a current law restriction that limits the number of daily offerings of Pick 10, Take 5, Lotto and future lottery games tickets to a single daily offering, to instead authorize these games no more than twice daily, and to add a one year sunset with a reporting requirement.

• Pat CC – Transfer the Gaming Inspector General to the State Inspector General: The Assembly modifies the Executive proposal to consolidate the function of the Gaming Inspector General under the Authority of the Office of the State Inspector General, to require a report on the activities of the Office, include additional protections for civil service employees, and remove the proposed changes relating to statements made by Commission officers or employees to the Gaming Inspector General.

• Part DD – Extend Pari-Mutuel Tax Rate and Simulcast Provisions: The Assembly accepts

the Executive proposal to extend the current pari-mutuel tax rate structure and other racing-related provisions for one year.

• Part EE – Extend the Alternative Fuels Exemption: The Assembly accepts the Executive

proposal to extend the existing full exemptions of E-85, compressed natural gas and hydrogen, and the partial exemption of B-20 from motor fuel, petroleum business and state and local sales taxes, for five additional years, until September 1, 2026.

• Part FF - Extend the Farm Workforce Retention Credit: The Assembly accepts the Executive proposal to extend the $600 per employee Farm Workforce Retention Credit for three years, through tax year 2024.

• Part GG - Extend and Increase the Low-Income Housing Credits: The Assembly modifies the Executive proposal to extend the low-income housing tax credit for five years and to increase the amount of the credit, to increase the annual amount by $15 million per year, instead of the $8 million annual increase proposed by the Executive.

• Part HH – Modify the Musical and Theatrical Production Credit: The Assembly accepts the Executive proposal to extend the musical and theatrical production credit for regions outside of New York City for an additional four years, through January 1, 2026, and increase the annual credit cap from $4 million to $8 million.

21

• Part II – Extend the Hire-A-Vet Credit for Two Years: The Assembly accepts the Executive proposal to extend the Hire-a-Vet Credit for an additional two years, to taxable years beginning before January 1, 2024, for employment commenced before January 1, 2023.

• Part JJ - Extend the Economic Transformation and Facility Redevelopment Program: The Assembly modifies the Executive proposal to extend the Economic Transformation and Facility Redevelopment Program tax credits for an additional five years, to instead extend these provisions for one additional year.

• Part KK – Intentionally Omitted.

• Part LL – Intentionally Omitted.

• Part MM – Expand the Earned Income Tax Credit (EITC): The Assembly includes language to

increase the State EITC from 30 percent to 40 percent of the federal EITC credit.

• Part NN – Establish a Capital Gains Surcharge: The Assembly includes language to establish a new one percent surcharge on the capital gains of taxpayers with adjusted gross incomes of over $1 million per year.

• Part OO – Establish a Corporate Tax Surcharge: The Assembly includes language to

establish a new 18 percent surcharge on the tax liability of corporate franchise taxpayers, corporate utility taxpayers and insurance taxpayers, with tax liability over certain minimum thresholds.

• Part PP – Modify Small Businesses Taxation: The Assembly includes language to make various changes related to the taxation of small businesses, including proposals to:

o reduce the Corporate Franchise Tax rate from 6.5 percent to 4 percent for

businesses with 100 or fewer employees with a net income of $390,000 or less;

o increase the existing sole proprietor and farm business income deduction from the current 5 percent to 15 percent for small businesses that are paying taxes through the personal income tax and that have less than $250,000 of small business income;

o modify the existing Investment Tax Credit to make it refundable for taxpayers whose

primary source of income is from farming operations; and

o eliminate the estimated tax underpayment penalty for New York S corporations.

• Part QQ – Expand the Historic Rehabilitation Credit: The Assembly includes language to expand the existing Historic Rehabilitation Credit, to increase the eligible reimbursement from 20 percent to 30 percent, for projects under $2.5 million.

22

• Part RR – Expand the Excelsior Program to Public Housing: The Assembly includes language

to expand the Excelsior Jobs Program to include community significant projects that are located in the leased space of publicly owned housing developments. Eligible employers would be required to prioritize the employment and/or training of current public housing residents; and to create or maintain five new jobs or make a capital investment of more than $1 million.

• Part SS – Location Requirement Waiver for Tax Credits: The Assembly includes language to allow the Tax Department to waive the location requirement for certain tax credits if the eligible business required its employees to work from home due to the COVID-19 pandemic.

• Part TT – Reinstate the Capital Base Tax: The Assembly incudes language to reinstate an alternative minimum tax on business corporations at the rate of 0.15 percent the taxpayer's total business capital.

• Part UU – Repeal the Local Sales Tax Intercept: The Assembly includes language to repeal

the authorization for the state to intercept $250 million in county sales tax revenue to provide payments to distressed providers. Any additional payments made by the Department of Health to these providers would be supported with General Fund resources.

• Part VV – Establish a Mezzanine Debt Recording Tax: The Assembly includes language to

apply the existing mortgage recording taxes to any mezzanine debt or preferred equity investment (subordinate debt) that is acquired along with a secured base mortgage. This would include the basic tax of $0.50 per $100 of debt, the special additional tax of $0.25 per $100 of debt; and the additional tax of $0.25 per $100 of debt outside of the Metropolitan Commuter Transportation District (MCTD) and $0.30 per $100 of debt within the MCTD.

• Part WW – Establish a Pied-a-Terre Tax: The Assembly includes language to establish a

progressive state tax on the owners of certain high-value secondary homes in New York City, consisting of a sliding tax rate, which is based on the type of real property and value of the home. For family residences of one to three units, the tax would range from 0.3 percent to 4 percent of the property’s market value over $5 million. For condominiums and co-operatives, the rate would range from 10 percent to 13.5 percent of the properties assessed value in excess of $300,000.

• Part XX – Modify the Estate Tax: The Assembly includes language to increase the top rate of the estate tax by four percentage points, from 16 percent to 20 percent, for estates with a value over $10.1 million.

• Part YY – New York City Small Business Recovery Credit: The Assembly includes language

to authorize the City of New York to establish a $50 million small business tax credit, which would support businesses in the accommodation sector; the arts, entertainment and

23

recreation sector; and the food services sector. The credit would be equal six percent of the rent expense incurred by the business in 2021, up to a maximum of $10,000 per entity.

• Part ZZ – Breast Pump Sales Tax Exemption: The Assembly includes language to clarify that breast pump replacement supplies are excluded from sales tax.

• Part AAA – Nassau County Property Tax Exemption: The Assembly includes language to

provide an exemption from real property taxation on the increase in market value due to certain capital improvements and new construction of class one properties located in Nassau County. For eligible properties, the exemptions would phase-out over an eight-year period.

• TED Part TT – Pandemic Recovery and Restart Program: The Assembly modifies the

Executive proposal to establish a small business return-to-work tax credit ($50 million); a restaurant return-to-work tax credit ($50 million), and a New York City musical and theatrical production tax credit ($25 million) to support certain businesses that have been disproportionately impacted by the COVID-19 pandemic, to modify the small business credit to make it advanceable in the upcoming fiscal year and to also add reporting language for the new credits.

• ELFA Part U – Housing Development Fund Corporation Sales Tax Exemption: The Assembly accepts the Executive proposal to clarify the eligibility of not-for-profit Housing Development Fund Corporations that enter into a regulatory agreement with the Division of Homes and Community Renewal or the New York City Department of Housing Preservation and Development to qualify for a sales tax exemption to support the development of affordable housing.

Executive Revenue Proposals that are Not Included • Part B – Delay PIT Middle Class Tax Cuts: The Assembly does not include the Executive

proposal to delay the phase-in of the middle-class PIT cut, which began in 2018 and is currently scheduled to be fully phased-in by 2025.

• Part H – Cannabis Regulation and Taxation Act: The Assembly proposes to continue discussions with the Executive and the Senate to provide for the legalization and regulation of the cultivation, production, sale of cannabis and cannabis products for adult-use, expanding the existing medical cannabis program and address the collateral consequences of the criminalization of cannabis. The Assembly supports the establishment of a centralized regulatory approach for the licensure and regulation of medical, adult-use and hemp-based cannabis and cannabis products and businesses through the creation of a regulatory body comprised of legislative

24

and executive appointments, as well as ex-officio agency representation from agencies involved in implementation. The Assembly also supports provisions to: reduce criminal penalties attributed to future cannabis related activity; expand the ability of individuals to vacate or expunge certain lower level past cannabis convictions; protect legal rights in the workplace; ensure appropriate standards and protections are in place as it relates to public assistance, child care workers, foster parents and investigations of child abuse, neglect, and endangerment involving the use of cannabis ; provide access to business mentoring, application process assistance, incubators, capital and other social equity programs necessary to support the long-term success of social and economic equity applicants as part of a plan to award 50 percent of adult-use cannabis licenses to individuals in communities that have been disproportionately impacted by past criminalization of cannabis, communities of color, minority- and women-owned business, disadvantaged farmers and service-disabled veterans; establish a reasonable tax structure related to the sale of adult-use cannabis; provide for personal cultivation; ensure access to medical cannabis is maintained and expanded; recognize community priorities through local opt-out provisions from the adult-use market; and other priorities deemed necessary and appropriate. The Assembly maintains that it is critically important that revenue generated from legalization of cannabis be invested in communities that have been disproportionately impacted by past criminalization of cannabis, including creating a Community Grants Reinvestment Fund. Therefore, the Assembly will further continue discussions on how to direct revenue to ensure that funds will be used for: public education; job creation, skills development and training; social justice and reentry services for impacted communities; substance use disorder services and mental health services; community-based supportive services; expanded training for state and local law enforcement to maintain driver safety; and any other uses deemed necessary and appropriate.

• Part I – Modify Taxation of the Vacation Rental Industry: The does not include the Executive proposal to impose existing sales taxes on vacation rentals; make vacation rentals in New York City subject to the same use fee paid on hotel stays; and require vacation rental marketplace providers that facilitate vacation rental transactions, collect sales tax on the vacation rentals that they facilitate.

• Part L – Local Sales Tax Authorizations: The Assembly does not include the Executive proposal to make permanent all current law local sales tax rate authorizations and provide the 57 counties outside of New York City, and the five cities that currently have additional tax rates, with permanent authority to impose a one percent additional rate of sales tax, or their currently authorized additional rate, whichever is higher.

• Part T – Tax Tribunal Appeals: The Assembly does not include the Executive proposal to

provide the Tax Department with the right to appeal adverse Tax Appeals Tribunal

25

decisions. Under current law, only taxpayers may seek additional judicial review of an adverse determination.

• Part U – Modernize and Merge Real Property Tax Forms and Processes: The Assembly does not include the Executive proposal to combine the property transfer form and the real estate transfer tax form into a consolidated real property transfer form and to create an online system for e-filing and paying the associated taxes and fees.

• Part W – Make Technical and Conforming Changes to Real Property Tax Law: The

Assembly does not include the Executive proposal to make various technical changes, including proposals to:

o establish that a majority of the duly appointed members of the State Board of Real

Property Tax Services constitutes a quorum for the transaction of business. The board consists of five members, however, two of the seats are currently vacant;

o repeal an obsolete section of law related to local reassessment that expired in 1981;

o remove a reference to the State Board of Real Property Tax Services that was

erroneously left in law when the board and the Office of Real Property Tax Services (ORPTS) were merged into the DTF 2010;

o allow the cancellation of hearings on various tentative ORPTS determinations when

no complaints have been filed; and

o clarify the local option exemption requirements relating to population restrictions and filing requirements.

• Part X – Promote the Development of Renewable Energy Projects: The Assembly does not

include the Executive proposal to extend the existing real property tax exemption for renewable energy projects from 2025 until 2030, and to establish a statewide, standardized approach for real property tax assessment for such projects.

• Part Z – Authorize a Request for Information for Gaming Facility Licenses: The Assembly

does not include the Executive proposal to authorize the New York State Gaming Commission to issue a Request for Information (RFI) for the purpose of soliciting interest regarding the three unawarded gaming facility licenses.

• Part AA – Eliminate Quick Draw Restrictions: The Assembly does not include the Executive

proposal to eliminate restrictions limiting sales of Quick Draw tickets to premises larger than 2,500 square feet only, and the restriction requiring that a person must be 21 years of age to play Quick Draw on premises where alcoholic beverages are served.

26

• Part KK – Delay Implementation of the Secure Choice Program: The Assembly does not include the Executive proposal to extend the statutory deadline for implementing the Secure Choice Program, from April 12, 2020 to December 31, 2021.

• Part LL – Temporarily Suspend Certain Racing Support Payments: The Assembly does not

include the Executive proposal to temporarily suspend racing support obligations from the Rivers Casino to the Saratoga Racino and Raceway while any COVID-19 related restrictions are in effect for either facility. These payment obligations would resume accruing once each facility operates without any COVID-19 related restrictions for six full and consecutive calendar months.

27

Part Proposal FY 2022 FY 2023 FY 2024 FY 2025

A PIT High Income Surcharge 4,267 5,451 5,409 6,126 C Pass-through Entity Tax - - - - D Employer Child Care Credits - (5) (5) (5)E Modify Various Business Tax Provisions - 6 6 6 F Modify the Film Tax Credit - - - - G Increase Wage and Withholding Filing Penalty 2 2 2 2 J Eliminate the State Racing Admissions Tax - - - - K Sales Tax Refunds Interest Payments - - - - M Extend Dodd-Frank Protection Act Related Sales Tax Exemptions - - - - N Sales Tax Remote Vendor Registration - - - - O Enhance Real Estate Transfer Tax Compliance - - - - P Modify Cigarette Vendor Penalties - - - - Q Simplify Certain Tax Filing and Reporting Requirements (1) - - - R Modify the Collection of the Taxicab Tax and Congestion Surcharge - - - - S Tax Preparer Regulation and Enforcement 15 15 15 15 V School Tax Relief (STAR) Program - (8) (8) (8)Y Authorize Mobile Sports Wagering 180 86 112 118

BB Modify Restriction on Lottery Draw Game Offerings 7 9 9 9 CC Transfer the Gaming Inspector General to the State Inspector General - - - - DD Extend Pari-Mutuel Tax Rate and Simulcast Provisions - - - - EE Extend the Alternative Fuels Exemption (3) (4) (4) (4)FF Extend the Farm Workforce Retention Credit - - (11) (11)GG Extend and Increase the Low-Income Housing Credits - (15) (30) (45)HH Modify the Non-NYC Musical and Theatrical Production Credit - - - (4)II Extend the Hire-A-Vet Credit - - (1) (1)JJ Extend the Economic Transformation/ Facility Redevelopment Program - - (1) (1)

MM Expand The Earned Income Tax Credit - (330) (330) (330)NN Establish a Capital Gains Surcharge 701 865 874 909 OO Establish a Corporate Tax Surcharge 1,000 1,000 1,000 1,000 PP Modify Small Business Taxation (39) (56) (42) (42)QQ Expand the Historic Rehabilitation Credit - - (5) (5)RR Expand the Excelsior Program to Include Public Housing - - - - SS Location Requirement Waiver for Tax Credits - - - - TT Reinstate the Capital Base Tax 150 150 150 150 UU Repeal a $250 millon Local Sales Tax Intercept - - - - VV Establish a Mezzanine Debt Recording Tax 171 228 228 228

WW Establish a Pied-à-terre Tax 300 300 300 300 XX Modify the Estate Tax 130 130 130 130 YY NYC Small Business Recovery Credit - - - - ZZ Breast Pump Sales Tax Exemption - - - -

AAA Nassau County Property Tax Exemption - - - - TED TT Pandemic Recovery and Restart Program - - - -

Small Business Return-to-Work Tax Credit (35) (15) - - Restaurant Return-to-Work Tax Credit (35) (15) - - NYC Musical and Theatrical Production Tax Credit - (25) - -

ELFA U Housing Development Fund Corporation Sales Tax Exemption - - - - Total Fiscal Impact 6,828 7,801 7,830 8,567

Fiscal Impact - Assembly Revenue Proposals($ in Millions)

PUBLIC PROTECTION & GENERAL

GOVERNMENT

By Agency

1-1

Assembly Budget Proposal SFY 2021-2022

Division of Alcoholic Beverage Control

The Assembly accepts the Executive proposed All Funds appropriation of $50.76 million.

State Operations

The Assembly accepts the Executive proposal and recommends no changes.

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

The Assembly proposes to continue discussions with the Executive and the Senate to

provide for the legalization and regulation of the cultivation, production, and sale of

cannabis and cannabis products for adult-use, expand the existing medical cannabis

program, and address the collateral consequences of the criminalization of cannabis.

The Assembly does not include the Executive proposal to authorize movie theatres to

serve all types of alcoholic beverages for motion pictures that are rated PG-13, R, or NC-

17 to individuals with appropriate proof of age, without having to meet the current food

requirements.

The Assembly does not include the Executive proposal to permanently extend the

authority of the State Liquor Authority (SLA) to issue temporary retail permits for

applicants waiting on license approval in New York State. Further, this proposal would

give the SLA new authority to issue temporary retail permits in New York City as well as

to issue temporary manufacturing permits statewide.

2-1

Assembly Budget Proposal: SFY 2021-22

Department of Audit and Control

The Assembly provides an All Funds Appropriation of $427.2 million, an increase of

$52.5 million over the Executive proposal.

State Operations

The Assembly increases fiduciary fund appropriations for the Retirement Services

Program and establishes a new fiduciary fund within the College Choice Tuition Program

to align with current agency spending.

The Assembly increases internal service fund appropriations to reflect changes in

payment methods for the operational costs of the NYSLYRS portal under the Chief

Information Office and banking oversight under the State Operations program.

Aid to Localities


Capital Projects


Article VII

Not applicable.

3-1


Division of the Budget

The Assembly provides an All Funds appropriation of $49.18 million.

State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

4-1


Department of Civil Service

The Assembly provides an All Funds Appropriation of $59.54 million.

State Operations


Aid to Localities

Not applicable

Capital Projects

Not applicable

Article VII

Not applicable

5-1


Department of Corrections and Community Supervision

The Assembly provides an All Funds appropriation of $3.41 billion, an increase of $30.34 million

over the Executive proposal.

State Operations

The Assembly restores $30.3 million related to the rejection of Article VII language that

would have expedited the prison closure process.

The Assembly provides $30,000 for the purchase of a sonogram machine for Bedford

Hills Correctional Facility.

Aid to Localities


Capital Projects


Article VII

The Assembly does not include the proposal to authorize the Governor to close

correctional facilities with 90-S;┞ゲげﾐﾗデｷIW.

6-1


State Commission of Correction


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

7-1


Division of Criminal Justice Services

The Assembly provides an All-Funds appropriation of $359.16 million, an increase of


State Operations


Aid to Localities

The Assembly restores $2.83 million in Legal Services Assistance Fund (LSAF) support for

civil and criminal legal services grants.

The Assembly restores $7 million in General Fund support of various criminal justice

programs, including re-entry initiatives, civil legal services as well as other crime control

and prevention programs.

The Assembly also restores support for the following programs:

o $1.06 million for New York State Defenders Association;

o ガΑヵヰがヰヰヰ aﾗヴ PヴｷゲﾗﾐWヴげゲ LWｪ;ﾉ SWヴ┗ｷIWゲき o $609,000 in domestic violence related civil and criminal legal services

programming;

o $600,000 in support for immigrant legal services; and

o 147,000 for rape crisis centers.

The Assembly provides an additional $40 million from unrestricted Federal aid for anti-

gun violence programs including Operation S.N.U.G, Cure Violence, and project GIVE

such that $25 million shall be made available to programs located in the city of New

York, $13.8 million shall be made available to programs located outside of the city of

New York, and $1.2 million shall be made available for project GIVE.

The Assembly provides $300,000 to restore a legislative allocation of the Federal

Edward Byrne Memorial/Justice Assistance Grants.

The Assembly does not include appropriation language which would authorize the

Division of Budget to withhold state funds from any municipality with a police

7-2

department that fails to submit and certify Police Reform and Reinvention Collaborative

Plan by April 1, 2021.

Capital Projects

The Assembly restores $25 million for Securing Communities Against Hate Crime to

provide grants for security projects to organizations at risk of hate crimes or bias-based

violence.

The Assembly provides $25 million for body-worn cameras for municipal police

departments.

Article VII

The Assembly proposes to extend various criminal justice and public safety programs for

two years.

The Assembly proposal would remove the authorization for the Division of Budget to

withhold funding for failure to provide certification pursuant to Executive Order 203.

The Assembly does not include the following proposals:

o to establish a separate domestic violence misdemeanor in the Penal Law when a

person commits a designated serious offense against a family or household

member;

o to require the Office of Court Administration (OCA), working in conjunction with

DCJS, to collect and include data on the issuance of orders of protection for

family offenses in the report OCA issues every six months relating to pretrial

release and detention;

o to establish general authority for virtual court appearances, other than for

hearings and trials, in every county in the state;

o to require law enforcement agencies to comply with background check

standards that include a criminal history check, a mental health exam, prior

employment review, and review of previous police officer misconduct;

o to allow for the Attorney General to appoint a monitor to oversee any police

agency that fails to comply with the executive order for the New York State

Police Reform and Reinvention Collaborative;

7-3

o to create an arrest warrant prohibitor to bar the purchase of a firearm, rifle, or

shotgun by individuals who are the subject of an outstanding warrant for a

designated serious offense or felony charge; and

o to clarify in statute when a gun must be reported to the criminal gun

clearinghouse and require all state and local law enforcement agencies in the

state to opt-in to the gun tracing program of the Bureau of Alcohol, Tobacco,

Firearms, and Explosives (ATF); require the test firing of certain guns, or

submission of information regarding certain ammunition cartridges, for entry

into the National Integrated Ballistic Information Network; and require each gun

seized or recovered by law enforcement to be run through the National Crime

Information Center (NCIC) system to determine if the gun has been reported

stolen.

8-1


State Board of Elections

The Assembly provides an All Funds appropriation of $47.96 million, an increase of


State Operations

The Assembly provides $17.96 million, an increase of $2.07 million for regulatory

operations.

Aid to Localities

Not Applicable.

Capital Projects

The Assembly provides $30 million in capital funding for various expenses of the state

and local board of elections. The State Board of Elections would provide up to

$6.5 million and the remainder shall be allocated to local boards of elections and

administered by the State Board of Elections.

Article VII

The Assembly modifies legislation that would expand early voting hours by requiring

early voting sites to be open for a minimum number of consecutive hours.

The Assembly does not include an Executive proposal to include judges and their

immediate family under existing protections for domestic violence victims that keep

records including their personal information private, and allow these individuals to omit

their home address from public display where it is otherwise required by the Election

Law.

The Assembly will address election reforms outside of the budget and does not include

Executive proposals that would:

o reform the absentee ballot voting process to increase by 15 days the period in

which absentee ballots may be requested;

8-2

o require County Boards of Elections to mail absentee ballots within four days of

receiving an absentee ballot application, except between seven and ten days

prior to an election, when boards must mail absentee ballots within 24 hours of

receiving the absentee ballot application;

o authorize County Boards of Elections to begin processing absentee ballots as

they are received and to begin counting absentee ballots on Election Day; and

o establish a uniform timeline for counties to initiate recounts for close elections

and would require recounts be completed within five days.

9-1


Office of Employee Relations


State Operations


Aid to Localities

Not applicable

Capital Projects

Not applicable

Article VII

Not applicable

10-1


Executive Chamber/Office of the Lieutenant Governor


State Operations

The Assembly accepts the Executive proposal and recommends no change.

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

11-1


Department of Financial Services (DFS)

The Assembly provides an All Funds appropriation of $441 million, which is a decrease of

$5.6 million from the Executive proposal.

State Operations


Aid to Localities

The Assembly does not include デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗデヴ;ﾐゲaWヴガΑくヵﾏｷﾉﾉｷﾗﾐ aヴﾗﾏ the Department of Health (DOH) to the DFS for the Family Planning Program.

The Assembly accepts the $110,000 in the Executive proposal and provides an additional

$1.9 million in funding for the Entertainment Workers Demonstration Program, for total

of $2 million.

Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive's proposal for registration and licensing of

pharmacy benefit managers. The Assembly will advance separate legislation to this

effect outside of the budget process.

The Assembly modifies the Executive's proposal for the Excess Medical Malpractice

Program to extend the program in full-force as traditionally extended. The Executive

proposed to split payments to insurers from the Excess Medical Malpractice Pool from

one annual payment into two, spread over two fiscal years. Additionally, the Executive

proposed to reduce state support for this program by 50 percent in future policy years.

The Assembly does not include the Executive's proposal to create a Motor Vehicle

Insurance Task Force and to grant the superintendent additional authority to pursue and

11-2

de-authorize bad-acting health service providers for actions and services rendered

under the no-fault insurance system.

The Assembly provides language to extend the Entertainment Worker Demonstration

Program for one year.

The Assembly authorizes a covered lives assessment on commercial health plans to

streamline the process by which funds are distributed to municipalities to finance early

intervention programs, thereby providing relief to the municipalities and improving their

ability to more effectively administer early intervention (EI) services to children who

need such services. Such assessment would generate $40 million to be allocated among

the municipalities and the state based on the share of each municipality and the state of

EI program expenditures not reimbursable by the medical assistance program.

The Assembly would enhance certain clinical standards and procedure for internal and

external reviews, and utilization review requirements for medically-fragile children.

The Assembly does not include language that would authorize the Teachers Insurance

and Annuity Association of America (TIAA) to merge into the College Retirement

Equities Fund (CREF).

The Assembly would accept the Executive proposal that would extend the covered

period for mortgage forbearance to the later of December 31, 2021 or the Executive

Orders that closed or restricted business due to COVID-19 are no longer in effect.

The Assembly does not include the Executive proposal that would provide a

replacement benchmark rate, the Secured Overnight Finance Rate (SOFR), to replace

the LIBOR rate upon its discontinuance. The Assembly would propose to address this

through similar legislation moved outside of budget.

12-1


Office of General Services

The Assembly provides an All Funds appropriation of $1.26 billion.

State Operations


Aid to Localities

Not applicable.

Capital Projects


Article VII

The Assembly accepts the Executive proposal to extend the Procurement Stewardship

Act for an additional five years.

The Assembly modifies the Executive proposal to the Procurement Lobbying Act

extension to remove proposed changes to contract thresholds and extend the

provisions for an additional five years, rather than 10 years.

The Assembly does not include the Executive proposal to establish the NY Medical

Supplies Act.

13-1


Division of Homeland Security and Emergency Services

The Assembly proposes an All Funds appropriation of $4.97 billion, an increase of $1.0 million


State Operations


Aid to Localities

The Assembly provides $1.0 million for services and expenses of the American Red

Cross.

Capital Projects


Article VII

Not applicable.

14-1


Office of Indigent Legal Services

The Assembly proposes an All Funds appropriation of $316.27 million, an increase of


State Operations


Aid to Localities

The Assembly provides $5 million to the Indigent Legal Services (ILS) budget to support

parental representation in family court.

Capital Projects

Not applicable.

Article VII

Not applicable.

15-1


Office of the State Inspector General


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

16-1


Interest on Lawyers Account


State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

Not applicable.

17-1


Department of Law



State Operations

The Assembly provides $5.07 million to support the operations of the Office of Special

Investigations (OSI).

The Assembly provides $851,000 for the Law Enforcement Misconduct Investigative

Office (LEMIO) including $573,000 in State Operations and $278,000 in General State

Charges.

Aid to Localities


Capital projects


Article VII

Not applicable.

18-1


Division of Military and Naval Affairs


State Operations


Aid to Localities


Capital Projects


Article VII

Not applicable.

19-1


Office for the Prevention of Domestic Violence

The Assembly provides an All Funds appropriation of $5.78 million, a decrease of $4.73 million

from the Executive proposal.

State Operations

The Assembly shifts $225,000 in State Operations funding to the DOH, related to the

rejection of the Executive proposal to transfer the Enough is Enough Program from DOH

to Office for the Prevention of Domestic violence (OPDV).

Aid to Localities

The Assembly shifts $4.5 million in Aid to Localities funding to DOH, related to the

rejection of the Executive proposal to transfer the Enough is Enough Program from DOH

to OPDV.

Capital Projects

Not applicable.

Article VII

The Assembly does not include an Executive proposal to rename and expand OPDV to

the Office to End Domestic and Gender-Based Violence.

20-1


Public Employment Relations Board


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

21-1


Joint Commission on Public Ethics


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not Applicable.

22-1


Judicial Commissions


State Operations

Not applicable.

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

23-1


Division of the State Police


State Operations


Aid to Localities

Not applicable.

Capital Projects


Article VII

Not applicable.

24-1


Statewide Financial System

The Assembly provides an All Funds appropriation of $31.16 million

State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

25-1


Office of Information Technology Services


State Operations


Aid to Localities

Not applicable.

Capital Projects


Article VII

The Assembly accepts the Executive proposal to require companies that collect

information on large numbers of New Yorkers to disclose the purposes of any data

collection and only collect data needed for those purposes. This would also create a

Consumer Data Privacy Bill of Rights.

The Assembly accepts the Executive proposal to require devices capable of recording to

include a clear and conspicuous disclosure of their capabilities and settings pertaining to

the retention and transmission of recordings.

The Assembly includes a new proposal to address the statewide digital equity gap by

appropriating $15 million to a new digital inclusion program that would award grants to

local governments, not-for-profits, schools, libraries, and other community-based

organizations. This program would assist marginalized individuals/households with

getting access to broadband internet, internet-accessible devices, as well as digital

literacy education and tech support.

The Assembly includes a new proposal to require the Public Service Commission to

conduct a study and report annually on the availability, affordability and reliability of

high-speed broadband services in New York State, as well as publish and maintain a

25-2

detailed internet access map of the state, which shall detail information such as actual

download/upload speeds, available service providers, and reliability of service by

location.

The Assembly does not include the Executive proposal to authorize the issuance of

comprehensive technology contracts by the Office of Information Technology Services.

The Assembly does not include the Executive proposal to reclassify the sharing of

resident personal information amongst state governmental entities as presumably not

subject to the rules against the disclosure of personal information and records by such

entities

The Assembly does not include an Executive proposal to publicly post the authorized

signatures of agency contracts and prohibits certain unfavorable terms to the state in

state contracts.

26-1


Office of Victim Services


State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

Not applicable.

27-1


WﾗヴﾆWヴゲげ CﾗﾏヮWﾐゲ;デｷﾗﾐ Bﾗ;ヴS


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive proposal to authorize the New York State

Insurance Fund to enter into agreements with out-of-ゲデ;デW ┘ﾗヴﾆWヴゲげ IﾗﾏヮWﾐゲ;デｷﾗﾐ insurers to issue policies to policyholders for their obligations under the laws of other

states.

The Assembly does not include the Executive proposal to provide the New York State

Insurance Fund greater flexibility with regard to its investments of surplus funds and

reserves.

The Assembly does not include the Executive proposal to adjust the discount rates for

デｴW NW┘ Yﾗヴﾆ Sデ;デW Iﾐゲ┌ヴ;ﾐIW F┌ﾐSげゲヴWゲWヴ┗Wゲ ;ﾐS SWヮﾗゲｷデゲく

28-1


General State Charges

The Assembly provides an All Funds Appropriation of $7.08 billion.

State Operations

The Assembly does not include a proposal to modify the Income Related Monthly

Adjustment Amount (IRMAA) reimbursement and instead restores $4 million.

The Assembly does not include a proposal to cap the Medicare Part B reimbursement

level at $148.50 per month and instead restores $1.8 million.

The Assembly proposal does not include language to require the rate of interest paid

upon any judgment or accrued claim to be calculated based on the fluctuating market

rate.

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

The Assembly does not include the proposal to terminate state reimbursements of

IRMAA for retired state employees commencing on January 1, 2022.

The Assembly does not include the proposal to establish a premium cost sharing

structure for future state employees hired on or after October 1, 2021.

The Assembly does not include the proposal to cap reimbursement of the Medicare

Part B standard premium at no more than $148.50 a month for all eligible employees.

The Assembly does not include the proposal to extend the implementation and

enrollment deadline date for the NYS Secure Choice Program to December 31, 2021 and

28-2

allow the New York Secure Choice Savings Program Board to extend such deadline

until December 31, 2022.

The Assembly does not include the proposal to authorize the President of the Civil

Service Commission to establish a 60-day amnesty period regarding the health insurance

coverage of an ineligible dependent. Such coverage would be terminated upon

identification of ineligible dependents.

The Assembly includes language that would authorize public employers to elect to offer

a temporary retirement incentive equal to one month of service credit per year of

accrued service for up to three additional years (Part A), or provide a temporary age

55/25-year retirement incentive (Part B) for certain State and municipal public

employees who are members in NYSERS, NYSTRS, NYCERS, NYCTRS and NYCBERS. To

receive either the Part A or Part B benefit, an eligible member of an employer who has

WﾉWIデWS デﾗヮ;ヴデｷIｷヮ;デW ﾏ┌ゲデヴWデｷヴW S┌ヴｷﾐｪデｴW Wﾏヮﾉﾗ┞Wヴげゲ SWゲｷｪﾐ;デWS ﾗヮWﾐヮWヴｷﾗS.

29-1


Miscellaneous: Public Protection and General Government

Local Government Assistance



State Operations


Aid to Localities

The Assembly restores the reduction of Aid and Incentives to Municipalities (AIM)

payments, as well as eliminates the shift of all AIM payments tﾗさAIM-ヴWﾉ;デWSざヮ;┞ﾏWﾐデゲく In addition, the Assembly repeals the 2019 AIM-related payment provisions and reverts

AIM support to SFY 2018-19 funding levels, thereby increasing total AIM support by

$98 million to $715 million.

In addition, the Assembly provides $125 million in increase aid for AIM for cities, towns,

and villages.

The Assembly provides $12 million in aid for the City of Albany.

The Assembly restores $9.3 million in Video Lottery Terminal Aid funding for locations

outside of Yonkers.

The Assembly restores $980,000 in Video Lottery Terminal Aid funding for the City of

Yonkers, for a total of $19.6 million.

The Assembly restores $188,000 for Madison County gaming facility, for a total of

$3.75 million.

The Assembly restores $11,000 for the Small Government Assistance Program, for a total

of $217,300.

29-2

Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive proposal to eliminate Video Lottery Terminal

Aid for all municipalities except for the City of Yonkers and reduce the Video Lottery

Terminal Aid to the City of Yonkers by five percent.

The Assembly does not include the Executive proposal to revise the existing AIM Program,

including replacing State-funded AIM payments for certain towns and villages with sales

tax funded AIM payments.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗W ヮヴﾗヮﾗゲ;ﾉデﾗ W┝デWﾐS ﾉﾗI;ﾉｪﾗ┗WヴﾐﾏWﾐデゲげ authority to utilize certain competitively bid contracts until July 31, 2023.

The Assembly does not include the Executive proposal to provide counties with additional

investment options.

The Assembly does not include the Executive proposal to make the County-Wide Shared

Services Initiative permanent and revise certain procedures.

The Assembly does not include the Executive proposal to allow contiguous counties with

an approved intermunicipal agreement to share jails.

The Assembly does not include the Executive proposal to preempt New York Cityげゲ ┣ﾗﾐｷﾐｪ power related to the conversion of hotels and commercial properties to affordable

housing.

The Assembly proposes Article VII language that would reinstate state AIM payments for

towns and villages and repeal the authorization for county sales tax revenues to be

intercepted for such payments.

Labor Management Committees

State Operations

The Assembly eliminates $300,000 for the Empire Star Public Service Award.

29-3

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

Independent Redistricting Commission

State Operations

The Assembly provides $7 million for the Independent Redistricting Commission.

Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

29-4

Special Federal Emergency Appropriation

State Operations

The Assembly proposes a $10 billion increase to the Special Federal Emergency

appropriation for a total of $45 billion, and modifies the language to restore oversight

by the speaker of the Assembly or the chair of the Assembly Ways and Means

Committee and the temporary president of the Senate or the chair of the Senate

Finance Committee.

Aid to Localities

The Assembly increases the Special Federal Emergency organizations from $9 billion to

$13 billion and modifies the language to make spending from the appropriation subject

to Section 53 of State Finance Law. The Assembly also includes a schedule of programs

totaling $3.02 billion as follows:

o $1 billion for the Small Business Reopening and Relief Grant Program to provide

support for small businesses;

o $843 million in additional resources for the Statewide Emergency Rental

Assistance Program for a total of $3.125 billion, including:

函 $400 million to provide rental assistance to tenants past the federally

allowable 15-month period;

函 $200 million for the Statewide Emergency Homelessness Assistance Program,

providing rental subsidies up to 100 percent of fair market rent;

函 $100 million to supplement $575 million in federal mortgage relief funding to

help assist homeowners with mortgage, utility, insurance, or other expenses

to keep people housed; and

函 $100 million to provide assistance to small landlords impacted by COVID-19

whose tenants are ineligible for otherwise;

o $310 million to public housing throughout New York State, which when

combined with funding provided in the Division of Housing and Community

Renewal, would provide $750 million for the New York City Housing Authority

(NYCHA) and $185 million for public housing;

29-5

o $180 million for capital expansion projects for the State University of New York

(SUNY);

o $125 million for AIM, which would provide support cities, towns, and villages;

o $120 million for capital expansion projects for the City University of New York

(CUNY);

o $100 million for the Arts Recovery and Revitalization Program to provide support

for the reopening of arts organizations and the conversion of outdoor venues;

o $100 million to support operating costs for nonprofit agencies statewide;

o $51.8 million to restore the human services cost of living adjustment (COLA) and

authorize the COLA starting on April 1, 2021. This COLA for providers would

result in an increase of $26.9 million for Office for People with Developmental

Disabilities (OPWDD), $15 million for Office of Mental Health (OMH), $4.3 million

for Office of Addiction Services and Supports (OASAS), $2.54 million for Office of

Children and Family Services (OCFS), $2.02 million for State Office for the Aging

(SOFA), and $1 million for Office of Temporary and Disability Assistance (OTDA);

o $50 million for Nourish NY;

o An additional $40 million for anti-gun violence programs including Operation

S.N.U.G, Cure Violence, and project GIVE such that $25 million shall be made

available to programs located in the city of New York, $13.8 million shall be

made available to programs located outside of the city of New York, and $1.2

million shall be made available for project GIVE;

o $25 million for the I LOVE New York Restaurants grant program, which will

provide meals to people in need;

o $25 million in funding to reimburse OMH, OASAS and OPWDD community-based

providers for Personal Protective Equipment (PPE) costs as a result of the COVID-

19 pandemic;

o $20 million to support Medication Assisted Treatment (MAT) for correctional

facilities;

o $15 million for a digital inclusion grant program;

o $10 million for the operating costs of county and local fairs;

29-6

o $3 million for a comprehensive statewide broadband availability, affordability,

and reliability study of high-speed internet and broadband services in New York

State and for the cost to produce, maintain, and publish online a detailed

internet access map of the state;

o $1 million for implicit bias training for public school teachers;

o $900,000 to support the installation of broadband in state-operated congregate

facilities; and

o $125,000 to enhance the care and coverage of medically fragile children.

Capital Projects

Not applicable.

Article VII

The Assembly proposes a new Article VII language for the Small Business Reopening and

Relief Grant Program to stabilize and assist small businesses impacted by COVID-19. This

program provides funding for essential businesses costs such as payroll, rent, insurance,

PPE, and license fees. Businesses like Minority and Women Owned Business, micro-

businesses, veteran-owned, and businesses in significantly impacted industries will

receive priority and access to funds temporarily set aside for them to ensure access.

The Assembly proposes Article VII language that would require the Public Service

Commission to study and accurately map broadband internet connectivity, availability,

and affordability statewide.

EDUCATION, LABOR & FAMILY

ASSISTANCE

By Agency

30-1


Dｷ┗ｷゲｷﾗﾐﾗa VWデWヴ;ﾐゲげ SWヴ┗ｷIWゲ



State Operations


Aid to Localities

The Assembly provides $1.19 million for various veterans support programs.

Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive proposal that would modify the operations

of Veterans Treatment Courts.

31-1


Council on the Arts

The Assembly provides an All Funds appropriation of $62.88 million, an increase of $16 million


State Operations


Aid to Localities

The Assembly provides $15 million in operating support for the Council on the Arts

Program; and

The Assembly provides $1 million in stabilization grants to support small and mid-sized

arts organizations.

Capital

Not applicable.

Article VII

Not applicable.

32-1


City University of New York (CUNY)



State Operations

The Assembly restores $26.2 million to deny an Executive proposal to reduce operating

support.

The Assembly does not include the Executive proposal to increase tuition by $200 a year

for the next four years and instead provides an additional $33 million of operating aid to

make up for lost tuition revenue.

The Assembly provides $26.3 million in operating support to close the Tuition Assistance

Program (TAP) gap.

The Assembly provides $33.7 million for the Search for Education, Elevation, and

Knowledge (SEEK) Opportunity Program, a $5.6 million increase over the Executive

proposal.

The Assembly restores $1.5 million to the School of Labor and Urban Studies.

The Assembly restores $250,000 for the CUNY Pipeline at the Graduate Center.

Aid to Localities

The Assembly restores $10 million to CUNY community college base aid to keep

community college funding level with Academic Year (AY) 2020-21. The Assembly would

provide a 100 percent college level save harmless floor for the 2021-22 AY and a

98 percent floor going forward to provide a consistent base of support for individual

colleges.

The Assembly restores $2.5 million in funding for the Accelerated Study in Associates

Program (ASAP).

The Assembly restores $902,000 to community college child care centers.

The Assembly restores $447,000 for rental aid.

32-2

The Assembly provides an additional $270,000 to College Discovery.

Capital Projects

The Assembly increases critical maintenance funding by $66 million for a total of

$350 million.

The Assembly provides $120 million for expansion projects.

The Assembly provides $15 million in capital funding to support green power and wind

power training programs.

Article VII

The Assembly does not include the Executive proposal to authorize CUNY to set a lower

tuition rate for certain certificate programs deemed high demand by the Chancellor.

The Assembly modifies the Executive proposal to extend the current Maintenance of

Effort (MOE) for CUNY by expanding the MOE to provide funding for increases in

mandatory costs and increases in the TAP tuition credit.

The Assembly accepts the E┝WI┌デｷ┗W ヮヴﾗヮﾗゲ;ﾉデﾗ W┝デWﾐS SUNY ;ﾐS CUNYげゲヮヴﾗI┌ヴWﾏWﾐデ authorizations for an additional five years but rejects the proposal to authorize SUNY to

purchase services through a consortium.

The Assembly accepts the Executive proposal to extend, for two years, the tuition rate

that CUNY is authorized to receive from the state for the Excelsior Scholarship and

provides that such tuition rate must reset annually thereafter.

33-1


State Education Department (SED)

The Assembly provides an All Funds appropriation of $41.98 million, an increase of $3.2 billion


State Operations

The Assembly restores $225,000 for the East Ramapo School Monitor.

Aid to Localities

Office of Prekindergarten through Grade 12 Education

The Assembly does not include the Executive proposal to institute a $1.35 billion local

district funding adjustment for School Year (SY) 2021-22.

The Assembly would increase Foundation Aid by $1.4 billion and would fully phase

Foundation Aid in over three years. As part of this increase, the Assembly would provide

that school districts receive at least 60 percent of their Foundation Aid funding for

SY 2021-22. The Assembly would fund Foundation Aid at a total of $19.8 billion.

The Assembly does not include the Executive proposal to consolidate 11 expense-based

aid categories into Services Aid and allows such reimbursements to run at their present

law level. The Assembly denies the Executive reduction to expense-based aids, restoring

$692.7 million in funding.

Additional funding for the Local District Funding Adjustments, Foundation Aid and

Expensed-based Aids results in a State funded increase to School Aid of $3 billion or

12 percent over the 2020-21 SY, for a total of $29 billion.

The Assembly accepts the Executive proposed allocation of the Federal COVID-19

Supplemental Stimulus funds and clarifies that the funding can be used by school

districts over multiple years, consistent with federal law. This funding would be used to

remediate learning loss, to ensure that school facilities are properly equipped to keep

students and staff safe; for training and professional development; purchasing supplies

to sanitize and clean facilities; planning for activities to deal with long term closures;

purchasing education technology; mental health services and support; summer learning

and supplemental afterschool programing; and addressing the needs of low-income

33-2

students, students with disabilities, English language learners, migrant students,

students experiencing homelessness, and children in foster care.

The Assembly denies the Executive proposal to eliminate $18.7 million for school

districtsげ prior year claims, and to expunge all claims currently in the queue, totaling

$303 million. The Assembly also restores the $26.4 million fiscal stabilization grant to

New York City.

The Assembly denies the Executive proposal to repeal the following teacher programs

from law and proposes to restore them;

o $25 million for Teachers of Tomorrow;

o $14.3 million for Teacher Resource Centers;

o $2 million for the Teacher-Mentor Intern program; and

o $400,000 for the National Board of Professional Teaching Standards.

Charter Schools

The Assembly denies the Executive proposal to reduce charter school supplemental

basic tuition. The Executive proposal was estimated to reduce payments to school

districts by $35 million.

The Assembly denies the Executive proposal to eliminate the $47 million in State

reimbursement for Charter Facilities Aid to New York City.

The Assembly denies the Executive proposal to provide that a charter that has been

surrendered, revoked, terminated, or not renewed after July 1, 2015 may be reissued

and that such reissuance would not be counted toward the statewide charter cap or the

regional charter cap.

Nonpublic Schools

The Assembly restores funding for the following programs:

o $3.9 million to Nonpublic School Aid payments provided through Mandated

Services Aid and the Comprehensive Attendance Program, and increases funding

for nonpublic schools by $6 million;

o $600,000 to Nonpublic STEM funding, and increases the base funding by

$5 million, for a total of $35 million;

o $18,000 to Academic Intervention Services for nonpublic schools; and

o denies デｴW E┝WI┌デｷ┗W ヮヴﾗヮﾗゲ;ﾉデﾗ I;ヮデｴW Sデ;デWげゲﾉｷ;Hｷﾉｷデ┞ デﾗﾐﾗﾐヮ┌HﾉｷI ゲIｴﾗﾗﾉゲデﾗ annually appropriated funding levels.

33-3

The Assembly accepts the Executive proposal to alter Nonpublic School Aid payment

periods and to establish statutory claiming deadlines for nonpublic schools.

The Assembly proposes an increase for Universal Prekindergarten of $75 million, for a

total of $923.6 million.


o $1.5 million for Adult Literacy Education;

o $1.5 million for the Consortium for Worker Education;

o $1.2 million for the Buffalo School Health Services Grants;

o $1.2 million for the Rochester School Health Services Grants;

o $1 million for the East Ramapo School District;

o $500,000 for the Teacher Diversity Pipeline Pilot;

o $500,000 for the Long Island Pre-K Initiative;

o $475,000 for the Executive Leadership Institute;

o $461,000 for Bard College, Queens;

o $385,000 for the Bilingual Teacher Institute;

o $175,000 for the Rochester school district monitors;

o $87,500 for the Hempstead school district monitor; and

o $87,500 for the Wyandanch school district monitor.

The Assembly provides $10 million for homeless students, including funding for trauma-

informed practices in schools.

The Assembly provides $10 million to support mental health in schools.

The Assembly provides $1 million for services and expenses of implicit bias training.

Schools for Children with Disabilities

The Assembly proposes an increase of $3 million for 4201 schools, for a total of

$106.9 million.


o $903,000 for the Henry Viscardi School;

o $903,000 for the New York School for the Deaf;

o $500,000 for the Cleary School; and

o $500,000 for Independent Living Centers.

Additionally, the Assembly provides $500,000 for dyslexia screenings.

33-4

Cultural Education

The Assembly restores $4.6 million and increases base funding by $5 million for Aid to

Public Libraries, for a total of $96.6 million.

The Assembly restores $250,000 for the Schomburg Center for Research in Black Culture

and $75,000 for the Langston Hughes Community Library.

The Assembly restores $700,000 for Public Broadcasting, for a total of $14 million.

Office of Higher Education and the Professions

The Assembly provides a $7.1 million increase for the Higher Educational Opportunity

Program (HEOP) for a total of $42.6 million.

The Assembly provides a $3.7 million increase for the Liberty Partnership Program for a

total of $22.0 million.

The Assembly provides a $3.2 million increase for the Science and Technology Entry

Program (STEP) for a total of $19 million.

The Assembly provides a $2.4 million increase for the Collegiate Science and Technology

Entry Program (CSTEP) for a total of $14.4 million.

The Assembly provides a $1.2 million increase for the Foster Youth Initiative for a total

of $7.2 million.

The Assembly restores $35.1 million in unrestricted aid to independent colleges and

universities (Bundy Aid).

The Assembly provides $2 million in funding to provide additional support for resident

students with disabilities attending college in New York.

Capital Projects

The Assembly provides $30 million for a second round of funding for 4201 capital needs.

The Assembly provides an additional $20 million to library construction grants over the

E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉが aﾗヴ ; デﾗデ;ﾉﾗa ガンヴﾏｷﾉﾉｷﾗﾐく

33-5

Article VII

The Assembly does not include the Executive proposal to authorize a school district,

private school, or board of cooperative educational services (BOCES) to apply to State

Education Department (SED) for a waiver from certain special education requirements.

The Assembly does not include the Executive proposal to provide that certain approved

curricula or programs of study at public and not-for-profit colleges and universities that

have met certain criteria shall be deemed registered by SED 30 days after notification of

approval by the governing body of such school.

The Assembly submits the following Article VII proposals:

o Forgiveness for Specific Districts: The Assembly includes provisions to forgive late

filings for Building and Transportation Aids;

o Prior Year Payments Adjustment: The Assembly proposes to allow recovered

overpayments to schools to be used to pay for prior year claims;

o UPK Teacher Certification: The Assembly proposes a one-year extension for

teacher certifications;

o 4410/853, and Special Act Schools: The Assembly proposes temporary changes

to the rate setting methodology to protect schools from losses of revenue due to

the COVID-19 pandemic;

o Unrestricted Fund Balance Flexibility: The Assembly proposes to temporarily

increase the unrestricted reserve fund balance limit from four percent to

six percent for a period of three years;

o Farm to School: The Assembly proposes provisions for a technical fix to allow

school lunches provided through the Summer Food Service Program to be

eligible for the Farm-to-School program during the COVID-19 pandemic-state

disaster emergency;

o Rochester and Syracuse Joint School Construction Board (JSCB): The Assembly

;┌デｴﾗヴｷ┣WゲデｴW ﾐW┝デヮｴ;ゲWゲﾗa RﾗIｴWゲデWヴ ;ﾐS S┞ヴ;I┌ゲWげゲ JSCBゲデﾗｴWﾉヮデｴW ゲIｴﾗﾗﾉ districts move forward with their capital plans.

o Gap Elimination Adjustment (GEA) Technical Fix: The Assembly proposes to

remove obsolete language referring to the GEA;

33-6

o The Assembly proposes to make students in Staten Island eligible for the

Transportation After 4 program; and

o The Assembly proposes to extend various provisions of law.

34-1


Office of Children and Family Services (OCFS)

The Assembly provides an All Funds Appropriation of $6.95 billion, an increase of $2.47 billion


State Operations

The Assembly restores $10.9 million and does not include Article VII language that

would allow for the closure of four youth facilities within six months.

Aid to Localities

The Assembly provides language to direct up to $1.83 billion in anticipated federal child

care aid to priority areas. This would include expanding access to families up to

85 percent of the state median income, expanding access to priority groups not

currently in receipt of subsidies, limiting copays, compensation for absences, and

workforce stabilization investments.

The Assembly provides $500 million for additional state child care to support providers

and families to expand eligibility and access to subsidies.

The Assembly restores $59.8 million in local assistance for multiple programs including

Child Care, Child Welfare Services, Foster Care, Adoption Subsidies, Adult Protective and

DﾗﾏWゲデｷI VｷﾗﾉWﾐIW SWヴ┗ｷIWゲが Yﾗ┌デｴ Pヴﾗｪヴ;ﾏゲ ;ﾐS CｴｷﾉSヴWﾐげゲ SWヴ┗ｷIWゲ Pヴﾗｪヴ;ﾏゲく

The Assembly restores $28 million for the state share for Committee on Special

Education placements outside of New York City.

The Assembly increases funding for child care with OCFS by $26.9 million, and decreases

a┌ﾐSｷﾐｪｷﾐデｴW OaaｷIW ﾗa TWﾏヮﾗヴ;ヴ┞ Dｷゲ;Hｷﾉｷデ┞ Aゲゲｷゲデ;ﾐIWげゲ TWﾏヮﾗヴ;ヴ┞ Aゲゲｷゲデ;ﾐIW デﾗ Needy Families (TANF) appropriation for the same purpose.

The Assembly restores $1.6 million for the Supervision and Treatment Services for

Juveniles Program (STSJP) Programs and shifting it back to a single program.

The Assembly restores $1.2 million for the Community Optional Preventative Services

(COPS) and shifting the Executive Proposal to a single program.

34-2

The Assembly modifies appropriation language for the Youth Development Program and

Runaway and Homeless Youth Program, reverting the time frame for program

reimbursement from three months back to 12 months.

The Assembly makes the following legislative restorations in our One House proposal:

o $3 million for Safe Harbor;

o $2.5 million for Settlement Houses;

o $1.9 million for Kinship Care;

o $1.5 million for Youth Development Program; and

o $100,000 for Kinship Navigator.

Capital Projects


Article VII

The Assembly proposes to make permanent the consolidation of funding for the Youth

Development and Delinquency Prevention Program and the Special Delinquency

Prevention Program.

The Assembly proposes to make permanent the authority for OCFS to contract with

BOCES to provide certain educational services to youth in OCFS juvenile justice facilities.

The Assembly modifies the proposal relating to the placement of foster care youth into

a Qualified Residential Treatment Program (QRTP) by more closely mirroring the federal

requirements and providing more flexibility to ensure more stability for youth in care.

The Assembly modifies the proposal regarding child care copayments and administrative

actions taken by child care providers and applicants by making technical amendments to

clarify the limits on the co-payment and does not include provisions related to

administrative steps that do not have a fiscal associated with them.

The Assembly does not include the proposal to close four Office of Children and Family

Services Youth Facilities and waive the one-year closure notice requirement for such

facilities.

The Assembly does not include the proposal to eliminate state reimbursement for

residential Committee on Special Education (CSE) placements made by school districts

34-3

outside of New York City and for students attending a state-operated school for the deaf

or blind.

The Assembly does not include the proposal that would require local social services

districts to establish a Differential Response Program to Child Protective Services for

allegations of maltreatment.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW ヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW デｴW ┘ﾗヴS さｷﾐIﾗヴヴｷｪｷHﾉWざ aヴﾗﾏ the Family Court Act and Education Law.

The Assembly provides language to provide supports and services for youth suffering

from Adverse Childhood Experiences (ACEs); updates the mandated reporter training to

include protocols for removing implicit bias in the decision-making process, strategies

aﾗヴｷSWﾐデｷa┞ｷﾐｪ ACEげゲ ;ﾐS IｴｷﾉS ;H┌ゲW ;ﾐS ﾏ;ﾉデヴW;デﾏWﾐデ ┘ｴｷﾉW ｷﾐデWヴ;Iデｷﾐｪ ┗ｷヴデ┌;ﾉﾉ┞き ;ﾐS expands CHIP covered health care services to include early and periodic screening,

diagnosis and treatment for children eligible for medical assistance.

The Assembly provides language to ensure that funds received by foster care agencies

デｴヴﾗ┌ｪｴデｴW aWSWヴ;ﾉ P;┞IｴWIﾆ PヴﾗデWIデｷﾗﾐ Pヴﾗｪヴ;ﾏふPPPぶ SﾗﾐﾗデヴWS┌IW ゲ┌Iｴ ;ｪWﾐIｷWゲげ future Maximum State Aid Rates (MSAR).

35-1


Office of Temporary and Disability Assistance

The Assembly provides an All Funds appropriation of $10.38 billion, an increase of $3.13 billion

over the Executive proposal. Additionally, the Assembly provides an additional $843 million for

additional rental assistance and $100 million to support increased operating costs for nonprofit

organizations.

State Operations

The Assembly restores language to include reimbursement to districts for 50 percent of

non-federal share for the automated finger imaging system (AFIS).

Aid to Localities

The Assembly provides $2.1 billion to create a fund for New Yorkers who do not have access

to unemployment, federal stimulus funds, and other assistance programs during the

COVID-19 pandemic. The Office of Temporary and Disability Assistance shall establish a

program to provide recurring economic support for excluded workers who have

experienced a financial hardship. Funds will also be provided to nonprofit organizations to

conduct education and outreach in order to inform workers about the program and how to

access benefits.

The Assembly includes an additional $1 billion in federal assistance for the Statewide

Emergency Rental Assistance Program, for a total of $2.28 billion in federal funding. The

Assembly also provides $843 million in state resources for the Statewide Emergency Rental

Assistance Program for an overall total of $3.125 billion, including specific allocations for

the following:

o $400 million to provide rental assistance to tenants beyond the federally allowable

eligibility period;

o $200 million for the Statewide Emergency Homelessness Assistance Program,

providing rental subsidies up to 100 percent of Fair Market Rent (FMR);

o $100 million in state funding to supplement $575 million in federal relief to help

assist homeowners with mortgage, utility, insurance, or other expenses to keep

people housed; and

35-2

o $100 million to provide assistance to small landlords impacted by COVID-19 whose

tenants are otherwise ineligible for assistance under the federal program.

The Assembly provides $100 million to support operating costs for non-profit agencies

statewide.

The Assembly provides $26.9 million in Temporary Assistance for Needy Families (TANF)

funding to provide support for the following legislative initiatives that were eliminated in

the Executive Budget:

o $8.5 million for Facilitated Enrollment;

o $5 million for additional funding for Advantage Afterschool;

o $4 million for ATTAIN;

o $3 million for additional funding for Non-Residential Domestic Violence, for a

total of $6 million;

o $2.85 million for Career Pathways;

o $1.57 million for Preventive Services;

o $800,000 for ACCESS;

o $475,000 for Wage Subsidy Program;

o $334,000 for SUNY/CUNY Child Care;

o $200,000 for Jewish Child Care Association of New York;

o $144,000 for Wheels for Work;

o $82,000 for Rochester Genesee Regional Transportation Authority; and

o $25,000 for Centro of Oneida.

The Assembly restores $15 million for the New York City Rental Assistance Program and

$5 million for the Rest of State Rent Cap Pilot Program.

The Assembly provides a restoration of the five percent local assistance withholdings for a

total of $4.4 million in funding for the Adult Shelter Reimbursement, Code Blue, Public

Homes, the HIV/AIDS Welfare to Work Program, and the Public Assistance Initiative for

Formerly Incarcerated.

The Assembly provides $3 million for refugee resettlement agencies statewide.

The Assembly provides $1.5 million for the Disability Advocacy Program (DAP), for a total of

$4.13 million.

The Assembly does not include appropriation language to allow the State to withhold public

assistance funding if counties fail to comply with regulations requiring a Homeless Outreach

and Services plan.

35-3

Capital Projects


Article VII

The Assembly accepts the Executive proposal increasing the Federal Supplemental

Security Income (SSI) Cost of Living (COLA) in 2022, which provides an increase of $2 to

$16 depending on living arrangement.

The Assembly accepts the Executive proposal transferring the administration of the Gifts

to Food Banks funds from the Office of Temporary and Disability Assistance to the

Department of Health.

The Assembly does not include the Executive proposal streamlining the process of

transferring unclaimed child support funds to the OSC Office of Unclaimed Funds.

The Assembly modifies the Executive proposal related to the Emergency Rental

Assistance local government allocation fund by clarifying that the funds must be utilized

to provide assistance from the specific municipal recipient and adds language to create

the Statewide Emergency Rental Assistance Program and the Statewide Emergency

Homeless Assistance Program. The Statewide Emergency Rental Assistance Program

will provide aid to eligible renters with rental arrears and utility arrears, internet

expenses and future rent. Prioritization will be given to individuals with income under

50 percent of the Area Median Income (AMI), those who rent from a small landlord;

those who are from a vulnerable population, such as victims of domestic violence and

veterans, or from a community disproportionately impacted by the COVID-19 pandemic;

and those involved in eviction proceedings. The Statewide Emergency Homeless

Assistance Program will help individuals experiencing homelessness secure stable

housing by providing a supplement to individuals up to 100 percent of the FMR. Funds

would be equitably distributed across the state based on local social services districts

with high levels of homelessness.

36-1


Higher Education Services Corporation

The Assembly provides an All Funds appropriation of $1.2 billion, an increase of $170 million


State Operations


Aid to Localities

The Assembly provides $150 million for the Tuition Assistance Program (TAP), increasing

the maximum TAP award by $1,000 for a maximum award of $6,165, for a total of

$996.6 million.

The Assembly provides a new $20 million for the Dr. Martin Luther King, Jr. scholarship

for non-tuition expenses.

Capital Projects

Not applicable.

Article VII

The Assembly accepts the Executive proposal to extend state financial aid eligibility for

any 2019-20 or 2020-21 AY award recipient who was not able to complete a semester,

quarter or term because of the COVID-19 pandemic.

The Assembly accepts the Executive proposal to extend for two years the tuition rate

that SUNY and CUNY are authorized to receive from the state for the Excelsior

Scholarship and provide that such tuition rate must reset annually thereafter.

The Assembly accepts the Executive proposal to extend for five years tuition benefits for

eligible members of the New York State military forces to attend college in New York

State.

37-1


Division of Housing and Community Renewal

The Assembly provides an All Funds appropriation of $1.68 billion, an increase of $1 billion over

the Executive proposal.

State Operations


Aid to Localities


Capital Projects

The Assembly provides $935 million to housing authorities throughout New York State,

with $750 million of these funds going to the New York City Housing Authority (NYCHA)

and $185 million to other housing authorities.

The Assembly provides $100 million for state and local supervised Mitchell Lama

Housing across the State.

Article VII

The Assembly increases funding from the Mortgage Insurance Fund (MIF) by $20 million

to fund the Homeowner Protection Program.

The Assembly requires that a new five-year housing plan be presented in 2022.

The Assembly does not include the Executive proposal to expand the authority of the

State of New York Mortgage Agency (SONYMA) to purchase mortgage loans from

community development financial institutions and other not-for profit corporations

licensed by the State Department of Financial Services, and to purchase mortgages

secured by new construction loans and proposes to deal with this issue outside of the

Budget as there is no budgetary impact to this proposal.

The Assembly restores the traditional $150,000 set asides in the MIF for both the

Neighborhood Preservation Coalition and the Rural Preservation Coalition.

38-1


Division of Human Rights


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive proposal to apply the anti-discrimination

provisions of the Human Rights Law to for-profit educational institutions.

The Assembly does not include the Executive proposal to prohibit discrimination based

on citizenship and immigration status within the Human Rights Law.

The Assembly does not include the Executive proposal to create a mechanism allowing

courts, on petition from an adult or from a parent or guardian on behalf of a child, to

change the sex or gender designation of a person on official government documents

under the Civil Rights Law.

39-1


Department of Labor



State Operations


Aid to Localities

The Assembly repurposes $50 million for the COVID-19 Recovery Workforce Initiative to

include language ensuring that funds are directed toward those who have been most

impacted by the economic fallout due to the pandemic, including women, minorities,

and those who have been receiving unemployment benefits for an extended period of

time. Of this, $20 million will support training and retention of workers in nursing

homes.

The Assembly restores the following:

o $1.62 million in funding for Displaced Homemaker Program, a restoration of the

SFY 2020-21 level;

o $350,000 in funding for the New York Committee on Occupational Safety and

Health, a restoration of the SFY 2020-21 level;

o $200,000 for various labor initiatives;

o $150,000 for the Sexual Harassment Prevention at Cornell University; and

o $50,000 for the Labor Relations School of Cornell Criminal Records Program.

Capital Projects

Not applicable.

39-2

Article VII

The Assembly proposes to modify the following Article VII proposal:

o requiring prevailing wage and additional labor standards for certain renewable

energy systems.

The Assembly proposes does not include the following Article VII proposals:

o modifying partial unemployment insurance benefits, as A.2355-A (Stirpe) has

already passed both houses of the legislature;

o requiring public and private employers to provide up to four hours of paid leave

to employees for COVID-19 vaccine injections, as A.3354-B (Fall) has already

passed both houses of the legislature;

o amending Chapter 21 of the Laws of 2021, which provides for the exclusion of

unemployment claims resulting from the COVID-19 pandemic from employWヴゲげ experience rating accounts;

o authorizing the New York State Insurance Fund to enter into agreements with

otｴWヴ ┘ﾗヴﾆWヴゲげ IﾗﾏヮWﾐゲ;デｷﾗﾐｷﾐゲ┌ヴ;ﾐIW I;ヴヴｷWヴゲデﾗヮヴﾗ┗ｷSW ﾗ┌デ-of-state coverage

to its policyholders;

o providing the New York State Insurance Fund greater flexibility with regard to its

investments of surplus funds; and

o updating the methodology for setting デｴW NW┘ Yﾗヴﾆ Sデ;デW Iﾐゲ┌ヴ;ﾐIW F┌ﾐSげゲ SWヮﾗゲｷデゲ ;ﾐS ヴWゲWヴ┗Wゲ aﾗヴ ┘ﾗヴﾆWヴゲげ IﾗﾏヮWﾐゲ;デｷﾗﾐ Iﾉ;ｷﾏゲく

40-1


State of New York Mortgage Agency


State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

The Assembly does not include the Executive proposal to expand the authority of the

SONYMA to purchase mortgage loans from community development financial

institutions and other not-for profit corporations licensed by the State Department of

Financial Services, and to purchase mortgages secured by new construction loans and

proposes to deal with this issue outside of the Budget as there is no budgetary impact to

this proposal.

41-1


State University of New York (SUNY)



State Operations

The Assembly rejects the Executive proposal to reduce operating support by

$46.4 million for unallocated operating support.

The Assembly rejects the Executive proposal to increase tuition by $200 a year for the

next four years and instead provides an additional $50 million in operating support to

make up for the lost tuition revenue.

The Assembly provides $23 million in operating support to close the Tuition Assistance

Program (TAP) gap.

The Assembly provides an additional $6.4 million for the Educational Opportunity

Program (EOP), for a total of $38.6 million.

The Assembly restores $700,000 for Small Business Development Centers, for a total of

$2.7 million.

The Assembly restores $600,000 for Graduate Diversity Fellowships, for a total of

$6.6 million.

The Assembly restores $500,000 for telehealth mental health services.

The Assembly restores $250,000 for the Cornell Veterinary School.

The Assembly restores $200,000 for the SUNY Institute for Leadership, Diversity and

Inclusion.

The Assembly restores $150,000 for the Hispanic Leadership Institute, for a total of

$350,000.

41-2

Aid to Localities

The Assembly restores $33 million to SUNY community college base aid to maintain

Academic Year (AY) 2020-21 funding levels. The Assembly would provide a 100 percent

college level save harmless floor for the 2021-22 AY and a 98 percent floor prospectively

to provide a consistent base of support for individual colleges.

The Assembly restores $1.1 million to community college child care centers.

The Assembly restores $196,000 to Cornell Cooperative Extension and provides an

additional $1 million, for a total of $4.9 million.

The Assembly restores $579,000 to rental aid.

Capital Projects

The Assembly increases critical maintenance funding by $100 million for a total of

$660 million.

The Assembly provides $180 million for expansion projects.

The Assembly provides $30 million in capital funding for Educational Opportunity

Centers.

Article VII

The Assembly rejects the Executive proposal to authorize SUNY to set a lower tuition

rate for certain certificate programs deemed by the Chancellor to be in high demand.

The Assembly modifies the Executive proposal to extend the current MOE for SUNY by

expanding the MOE to provide funding for increases in mandatory costs and increases in

the TAP tuition credit.

The Assembly accepts the Executive proposal to extend SUNY procurement

authorizations for an additional five years but rejects the proposal to authorize SUNY to

purchase services through a consortium.

The Assembly accepts the Executive proposal to extend state financial aid eligibility for

any 2019-20 or 2020-21 AY award recipient who was not able to complete a semester,

quarter or term because of the COVID-19 pandemic.

41-3

The Assembly accepts the Executive proposal to extend, for two years, the tuition rate

that SUNY is authorized to receive from the state for the Excelsior Scholarship and

provides that such tuition rate must reset annually thereafter.

42-1


Office of Welfare Inspector General


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

43-1


Miscellaneous: Education, Labor, and Family Assistance

Arts and Cultural Facilities Improvement Program

The Assembly provides an All Funds appropriation of $20 million.

The Assembly provides $20 million for the Arts and Cultural Facilities Improvement

Program, which would provide facility enhancement grants to small and mid-sized

organizations, to be administered by the New York State Council on the Arts. This

funding would require regional balance in the selection of awards and does not place

matching requirements upon grant recipients.

Higher Education Facilities Capital Matching Grants Program


Capital Projects

The Assembly provides $30 million for an additional round of Higher Education

Matching Grants Program (HECap) funding.

Raise the Age

The Assembly provides an All Funds Appropriation of $250 million.

State Operations

Not applicable.

Aid to Localities

The Assembly restores $19.5 million for local reimbursement for Raise the Age facilities.

43-2

Capital Projects

Not applicable.

Article VII

Not applicable.

HEALTH & MENTAL HYGIENE

By Agency

44-1


State Office for the Aging

The Assembly provides an All Funds appropriation of $273.8 million, an increase of 14.2 million


State Operations


Aid to Localities

The Assembly provides $2 million to restore the Human Services COLA for SOFA

providers

The Assembly provides $5 million in funding for the Community Services for the Elderly

Program.

The Assembly provides $5 million in funding for the Expanded In-home Services for the

Elderly Program (EISEP).

The Assembly provides $2 million in funding for the Naturally Occurring Retirement

Community (NORC) and Neighborhood Naturally Occurring Retirement Community

(NNORC) nursing services.

The Assembly provides an additional $1 million in funding for the Long Term Care

Ombudsman Program.

The Assembly provides $350,000 in funding for the Holocaust Survivors Initiative.

The Assembly restores $1.676 million in funding for various other aging support

programs, including Lifespan of Greater Rochester ($250,000) and the New York

Foundation for the Senior Citizens Home Sharing and Respite Care Program ($86,000).

44-2

Capital Projects

Not applicable.

Article VII

Not applicable.

45-1


Developmental Disabilities Planning Council


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

46-1


Department of Health

The Assembly provides an All Funds appropriation of $187.7 billion, an increase of $3.2 billion


State Operations

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗsal to eliminate the New York Stem

Cell (NYSTEM) Program, restoring $12.84 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW ｴﾗゲヮｷデ;ﾉヴWゲｷSWﾐデ ┘ﾗヴﾆｷﾐｪｴﾗ┌ヴげゲ ;┌SｷデゲがヴWゲデﾗヴｷﾐｪガヱﾏｷﾉﾉｷﾗﾐく

The Assembly does not include the Execuデｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW W┝Wﾏヮデｷﾗﾐゲ ┌ﾐSWヴ the Electronic Prescribing System, restoring $500,000.

Aid to Localities

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW デｴW M;ﾐ;ｪWS C;ヴW Quality Pool, restoring $60 million.

The Assembl┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉ to eliminate the Public Indigent

Care Pool (ICP), restoring $65.4 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW デｴW ｴﾗゲヮｷデ;ﾉ I;ヮｷデ;ﾉ rate add-on, restoring $8.5 million.

The Assembly SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉ to eliminate the Managed Long

Term Care (MLTC) Quality Pool, restoring $51.75 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW support for

Workforce Recruitment and Retention, restoring $22.5 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW PヴWゲIヴｷHWヴ PヴW┗;ｷﾉゲが restoring $6.7 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW Iﾗ┗Wヴ;ｪW aﾗヴ IWヴデ;ｷﾐ over the counter drugs, restoring $8.7 million.

46-2

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗｷﾏヮﾉWﾏWﾐデ ; one percent

Across-the-Board cut to the Medicaid program, restoring $94 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗｷﾏヮﾉWﾏWﾐデ ; one percent

rate reduction for the Office of People with Developmental Disabilities, restoring

$6.98 million.

The Assembly provides $11.3 million in MLTC savings resulting from the investment of

$5 million in the Expanded In-home Services for the Elderly Program (EISEP).

The Assembly provides $43.6 million to delay the carve-out of the pharmacy benefit for

340B and HIV Special Needs Plan providers to fee-for-service (FFS) for three years.

The Assembly provides $20 million for workforce recruitment and retention of nursing

home certified nursing assistants (CNA) and home care personal aides.

The Assembly provides $125,000 to enhance care and coverage for medically fragile

children.

The Assembly transfers $250 million for distressed hospital and nursing homes to the

Medicaid general fund.

The Assembly provides $40 million in the form of a covered lives assessment on

commercial health plans to improve the ability of the State and municipalities to

effectively administer Early Intervention (EI) services.

The Assembly does not incl┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉゲﾗﾐ EI, restoring $11.9 million.

The Assembly provides an additional $25 million for the Nourish New York program for a

total of $50 million.

The Assembly provides $180 million to eliminate dental and vision premiums for

enrollees of the Essential Plan with income up to 200 percent of the federal poverty

level (FPL).

The Assembly provides $19.5 million to expand Essential Plan coverage for individuals

with a confirmed or suspected case of COVID-19 who are ineligible due to immigration

status but would otherwise qualify.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW デｴW ヴWｷﾏH┌ヴゲWﾏWﾐデ rate for Article 6 expenditures for New York City, restoring $20 million.

46-3

The Assembly does not include an Executive proposal to reduce funding for the AIDS

Drug Assistance Program, restoring $5 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW a┌ﾐSｷﾐｪ aﾗヴデｴW R┌ヴ;ﾉ Health Care Access and Network Development Program, restoring $3.17 million.

The Assembl┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ restructure payments for the

Pｴ┞ゲｷIｷ;ﾐげゲ E┝IWゲゲ MWSｷI;ﾉ M;ﾉヮヴ;IデｷIW ヮヴﾗｪヴ;ﾏ H┞ ゲヮﾉｷデデｷﾐｪヮﾗﾉｷI┞ ┞W;ヴヮ;┞ﾏWﾐデゲﾗ┗Wヴ two years and reducing future Excess Medical Malpractice payments by half, restoring

$51.05 million.

The Assembly restores $18.15 million in public health funding for:

o $6.53 million for Enhancing the Quality of Adult Living (EQUAL);

o $3.45 million for the Empire Clinical Research Investigator Program (ECRIP);

o $2.43 million for the Spinal Cord Research Program;

o $1.91 million for the Infertility Program;

o ガヱくンΑ ﾏｷﾉﾉｷﾗﾐ aﾗヴ P┌HﾉｷI HW;ﾉデｴ Aﾉ┣ｴWｷﾏWヴげゲ Pヴﾗｪヴ;ﾏゲき o $1.34 million for the Rabies Prevention Program;

o $430,000 for the Health Promotions Initiative;

o $380,000 for the Enriched Housing Subsidy Program;

o $227,000 for the Maternal and Early Childhood Foundation Program;

o $69,000 for the Tick Disease Prevention Program; and

o $26,000 for the Long Term Care Community Coalition Program.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗヴWS┌IW a┌ﾐSｷﾐｪ aor the

Center for Liver Transplant, restoring $25,200.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗゲｴｷaデ H;ゲW a┌ﾐSｷﾐｪ aﾗヴデｴW Family Planning Program to the DFS, restoring $7.49 million.

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;l to shift base funding for the

Enough is Enough Program to the Office for the Prevention of Domestic Violence

(OPDV), restoring $4.75 million.

The Assembly provides $3.04 million to expand the Child Health Insurance Program to

cover Early Periodic Screening, Diagnosis and Treatment (EPSDT) services.

The Assembly provides $2.2 million to restore the Area Health Education Centers (AHEC)

Program.

The Assembly provides $375,000 to restore the Cystic Fibrosis Program.

46-4

The Assembly provides $100,000 to conduct a rate adequacy study for ambulettes.

The Assembly provides $100,000 to conduct a rate adequacy study for EI providers.

The Assembly provides $3.82 million to restore funding for School Based Health Centers.

The Assembly provides $1 million to restore funding for the Nurse-Family Partnership

Program.

The Assembly provides $500,000 to fund additional Hepatitis C prevention and

treatment.

The Assembly provides $7.12 million to restore funding for other public health programs

that were eliminated in the Executive budget.

Capital Projects

TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW デｴW EQUAL

Program, restoring $3.27 million.

Article VII

HMH Part A - TｴW AゲゲWﾏHﾉ┞ ﾏﾗSｷaｷWゲデｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ W┝デWﾐS デｴW MWSｷI;ｷS spending cap by repealing this provision.

HMH Part B - TｴW AゲゲWﾏHﾉ┞ SﾗWゲﾐﾗデｷﾐIﾉ┌SW デｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ Wﾉｷﾏｷﾐ;デW prescriber prevails provisions and to eliminate Medicaid coverage for certain over the

counter drugs.

HMH Part C - The Assembly modifies the Executiveげゲ proposal to establish a

340B reimbursement fund by delaying the Medicaid pharmacy transition from managed

care to FFS for 340B entities and HIV Special Needs Plans.

HMH Part D - The Assembly does not include the Executiveげゲ proposal to reduce

Medicaid capital rate increases and eliminate ICP funding for major public general

hospitals.

HMH Part E - The Assembly does not include the Executive proposal to reduce increased

funding for workforce recruitment and retention in personal care and home care

services.

46-5

HMH Part F - TｴW AゲゲWﾏHﾉ┞ ﾏﾗSｷaｷWゲデｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉデﾗ W┝ヮ;ﾐS デWﾉWｴW;ﾉデｴ services by accepting the elimination of originating site restrictions and rejecting

modifications to Statewide Health Information Network of New York (SHIN-NY)

information; the interstate licensure of telehealth providers; insurance plan network

adequacy requirements; and health provider disclosures related to telehealth.

HMH Part G - The Assembly modifies the Executive proposal to establish a medical

respite pilot program for homeless individuals, by adding protective language to ensure

that the program would not interfere with eligibility for other public benefits.

HMH Part H - The Assembly modifies the Executive proposal on eliminating cost sharing

obligations under the Essential Plan by also eliminating vision and dental copayment

requirements, and expand coverage to individuals with a confirmed or suspected COVID

diagnosis that would otherwise be eligible except for their immigration status.

HMH Part I - The Assembly does not include the Executive proposal to direct the

Commissioner of Health and the Superintendent of the Department of Financial Services

to apply for federal waiver authority for the New York State of Health Marketplace.

HMH Part L - The Assembly does not include the Executive proposal to reduce

reimbursement to New York City for core public health services costs.

HMH Part M - The Assembly does to include the Executive proposal to eliminate the

Empire Clinical Research Investigator Program, discontinue new grants for stem cell

research, eliminate the stem cell research program, eliminate new grants for spinal cord

research and eliminate the Spinal Cord Research Program.

HMH Part N - The Assembly does not include the Executive proposal to eliminate

exemptions for mandatory electronic prescribing requirements.

HMH Part O - The Assembly does not include the Executive proposals to eliminate the

EQUAL program and hospital audits of resident working hours, and accept the Executive

proposal to eliminate subsidies for the Enriched Housing Program.

HMH Part Q - The Assembly does not include the Executive proposal to expand the

CﾗﾏﾏｷゲゲｷﾗﾐWヴﾗa HW;ﾉデｴげゲ SｷゲIヴWデｷﾗﾐ ;ﾐS ;┌デｴﾗヴｷデ┞ ｷﾐヮヴﾗIWWSｷﾐｪゲ ┌ﾐSWヴデｴW OaaｷIW ﾗa Professional Medical Conduct and to expand physician profile reporting requirements.

HMH Part S - The Assembly modifies the Executive proposal to extend various sections

of law.

HMH Part FF - The Assembly does not include the Executive proposal to limit

reimbursement under the Medical Indemnity Fund.

46-6

HMH Part GG - The Assembly does not include the Executive proposal related to adult

care facilities and nursing homes.

New Part II - The Assembly includes a proposal to carve out services for Medicaid

enrollees with traumatic brain injuries or that qualify for nursing home diversion and

transition services from Medicaid managed care. These recipients would remain in

Medicaid FFS.

New Part JJ - The Assembly includes a proposal to allow school-based health centers the

choice of operating under Medicaid FFS, enabling them to choose to participate in

Medicaid managed care

New Part KK - The Assembly includes a proposal to extend Medicaid coverage for

pregnant women who access coverage at higher income levels from the current 60-day

period following pregnancy, to one year.

New Part LL - The Assembly includes a proposal to restore the Adult Cystic Fibrosis

Assistance Program, which provides financial assistance to adults with cystic fibrosis that

are not eligible for Medicaid by reimbursing the recipients for the cost of health care or

health insurance premiums.

New Part MM - The Assembly includes a proposal to require the Department of Health

to conduct a study on ambulette reimbursement rates under the Medicaid program.

New Part NN - The Assembly includes a proposal to require the Department of Health to

conduct a study on Early Intervention reimbursement rates under the Medicaid

program.

New Part PP - The Assembly includes a proposal to prohibit the Department of Health

from imposing limitations in EI services.

New Part QQ - The Assembly includes a proposal to establish the eligibility of individuals

being discharged from a nursing home or adult home to the community for Special

Income Standard for Housing Expenses which exempts an amount of income for the

purpose of assisting with housing costs.

New Part TT - The Assembly includes a proposal to restore and fund the AHEC program

which provides students from diverse backgrounds with post-secondary training in

health care professions and community-based training of medical students.

New Part WW に The Assembly includes a proposal that would add additional state

regions for participation in the State Directed Payment Model Demonstration Program.

47-1


Office of the Medicaid Inspector General

State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

48-1


Department of Mental Hygiene


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

49-1


Office of Addiction Services and Supports

The Assembly provides an All Funds appropriation of $963.6 million, which is an increase of


State Operations


Aid to Localities

The Assembly provides $32 million to support crisis services, problem gambling,

chemical dependence outpatient and treatment support services. This appropriation is

supported from a recent opioid settlement with McKinsey and Company Inc.

The Assembly provides $25 million in funding to reimburse OASAS, OMH and OPWDD

community-based providers for PPE costs as a result of the COVID-19 pandemic.

The Assembly provides $20 million in funding to support Medication Assisted Treatment

(MAT) for state correctional facilities and local jails.

The Assembly restores $3.48 million and provides an additional $2 million to fund the

New York City Department of Education Substance Abuse Prevention and Intervention

Specialist (SAPIS) for a total of $5.4 million.

The Assembly restores $3.2 million in funding for OASAS HIV Early Intervention services.

The Assembly restores $1.87 million in funding for the Jail-based Substance Use

Disorder Treatment and Transition Services Program.

The Assembly restores $1.2 million in funding for the College Coalition Intervention

Program.

The Assembly does not include the Executive language that would defer for one year the

human services COLA, and instead authorizes the COLA starting on April 1, 2021. This

would result in an increase of $4.3 million for OASAS providers in SFY 2021-22.

The Assembly restores $826,000 in funding for outpatient rehabilitation services.

49-2

Capital Projects


Article VII

The Assembly does not include the Executive proposal to establish standards for

addiction professionals.

The Assembly does not include the Executive proposal that would create the Office of

Addiction and Mental Health Services.

50-1


Office of Mental Health



State Operations

The Assembly restores $22 million in funding to preserve 200 inpatient beds from state-

operated psychiatric facilities. This funding would also preserve 280 full time equivalent

(FTE) positions. The Assembly modifies the Executive Article VII language that would

extend the requirement for OMH to reinvest savings from inpatient psychiatric bed

closures, by setting aside $4.4 million, or 20 percent to be used by community-based

mental health programs to recruit and retain its workforce.

The Assembly denies デｴW Iﾗﾐ┗Wヴゲｷﾗﾐﾗa RﾗIﾆﾉ;ﾐS CｴｷﾉSヴWﾐげゲ Pゲ┞Iｴｷ;デヴｷI Center (RCPC) to a

voluntary-operated center and restores $8 million to preserve 15 inpatient beds and

prevents beds to be transferred to NYC CｴｷﾉSヴWﾐげゲ Pゲ┞Iｴｷ;デヴｷI CWﾐデWヴｷﾐ Bヴﾗﾐ┝が NYく Tｴｷゲ funding would also preserve 75 FTE positions.

The Assembly restores $4 million to preserve 100 residential beds in State-operated

facilities and 50 FTE positions.

Aid to Localities

The Assembly provides $25 million in funding to reimburse OMH, OASAS and OPWDD

community-based providers for PPE costs incurred as a result of the COVID-19 pandemic.

The Assembly restores $17.2 million for local assistance payments for non-residential

programs under OMH.

The Assembly does not include the Executive language that would defer, for one year the

human services COLA, and instead authorizes a COLA starting on April 1, 2021. This would

result in an increase of $15 million for OMH providers in SFY 2021-22.

The Assembly provides $10 million in funding to support statewide crisis intervention

services and programs, including Crisis Intervention Training (CIT) and Mental Health First

Aid training for law enforcement, first responders or local entities; mobile crisis teams

which includes interdisciplinary teams of health and mental health professionals; implicit

50-2

bias training; and other alternative or innovative approaches related to community-based

public safety crisis response.

The Assembly restores $4.5 million and includes an additional $1.5 million to fund the

Dwyer Veteran Peer-to-Peer Services for a total of $6 million.

The Assembly provides $3 million in funding for Crisis Intervention Teams.

The Assembly modifies the Executive proposal of $1 million to develop a suicide

prevention program for veterans and first responders.

The Assembly provides $1 million for a new suicide prevention program for at-risk

populations, including Latina adolescents, Black youth, LGBTQ adolescents, and rural

communities.

The Assembly provides $300,000 for supportive services targeting individuals and their

families who are managing or recovering from substance use or mental health disorder

and transitioning from different types of settings.

Due to the increasing need for mental health services resulting from many factors

including the COVID-19 pandemic, the Assembly recognizes the need for a mental health

workforce that can meet the demand for mental health services. The Assembly will

commit to working with the Senate and the Executive to alleviate workforce challenges

for voluntary nonprofit agencies, increase access to care, and remove barriers to

treatment. The Assembly will also consider policies and initiatives that will assist New

YﾗヴﾆげゲﾏWﾐデ;ﾉｴW;ﾉデｴヮヴﾗｪヴ;ﾏゲデﾗヴWIヴ┌ｷデ ;ﾐS ヴWデ;ｷﾐ ; ┘ﾗヴﾆaﾗヴIW ﾗa ﾏWﾐデ;ﾉｴW;ﾉデｴ professionals, who are appropriately trained to provide comprehensive care that meets

the mental health needs of those who require treatment.

Capital Projects


Article VII

The Assembly modifies the Executive proposal to extend the use of time limited

demonstration programs, by requiring the Office of Mental Health (OMH) to include

information on the progress of demonstration programs in its statewide comprehensive

plan.

50-3

The Assembly modifies the Executive proposal to extend the requirement for OMH to

reinvest savings from inpatient psychiatric bed closures by setting aside 20 percent of the

savings for recruitment and retention of the community-based mental health workforce.

The Assembly does not include the Executive proposal that would suspend notification

and community reinvestment requirements for the closure of a facility operated by OMH

and authorize OMH to close, consolidate, reduce, transfer or otherwise redesign services

of hospitals, other facilities and programs operated by the office.

The Assembly proposes to modify the Executive proposal that would authorize the

commissioner of OMH to impose sanctions on service providers for operating certificate

non-compliance and develop a schedule of fees for processing operating certificates by

maintaining the current non-compliance penalties and requiring revenue generated from

the processing fees be deposited into the mental health anti-stigma fund instead of

directing the revenue into the general fund.

The Assembly modifies the Executive proposal that would create crisis stabilization

centers and expand Assisted Outpatient Treatment (AOT) court orders and involuntary

commitment for individuals with mental illness, removing language to expand AOT orders

and involuntary commitment, and clarify that crisis stabilization services are voluntary;

grant authority for a crisis center to determine through assessment if they can meet a

ヮWヴゲﾗﾐげゲゲWヴ┗ｷIW ﾐWWSゲが ;ﾐS SｷヴWIデﾗヴヴWaWヴ ; ヮWヴゲﾗﾐデﾗ ; ｴｷｪｴWヴﾉW┗Wﾉﾗa I;ヴWがｷa SWWﾏWS appropriate; require the commissioners of the OMH and the OASAS to develop

educational materials on crisis stabilization services and provide crisis intervention

training, mental health first aid and implicit bias training in the catchment area of a crisis

center for law enforcement first responders, and other local entities.

The Assembly does not include the Executive proposal that would create the Office of

Addiction and Mental Health Services.

The Assembly does not include the Executive proposal that would authorize the

commissioners of the DOH, OMH and OASAS to establish integrated comprehensive

outpatient service centers.

The Assembly proposes to establish suicide prevention programs for Latina adolescents,

black youth, members of the LGBQT community and rural communities.

The Assembly proposes to establish suicide prevention programs for first responders, law

enforcement, corrections officers and veterans.

The Assembly proposes to authorize and fund a one percent Human Services COLA

beginning on April 1, 2021.

51-1


Office for People with Developmental Disabilities

The Assembly provides an All Funds appropriation of $5 billion, which is an increase of

$88 million over the executive proposal.

State Operations

The Assembly denies the Executive proposal to consolidate the Institute for Basic

Research with the New York State Psychiatric Institute and restores $1 million in

funding.

Aid to Localities

The Assembly denies the Executive language that would defer for one year the human

services cost of living adjustment (COLA) and authorize the COLA starting on

April 1, 2021. This would result in an increase of $26.9 million for OPWDD providers in

SFY 2021-22.

The Assembly restores $26.8 million in funding to reject the Executi┗Wげゲヮヴﾗヮﾗゲ;ﾉ aﾗヴ Residential Management within OPWDD.

The Assembly provides $25 million in funding to reimburse OPWDD, OMH and OASAS

community-based providers for PPE costs as a result of the COVID-19 pandemic.

The Assembly restores $20.8 million in funding for Care Coordination Organizations

(CCO) rates.

The Assembly restores $12 million in funding for local assistance payments for non-

Medicaid payments under OPWDD.

The Assembly restores $10.5 million in funding for the FFS Medicaid rate for OPWDD

programs.

The Assembly provides $10 million in funding to support the development of a group

home pilot program for adults with developmental disabilities to provide increased

access to independent residential opportunities.

51-2

The Assembly restores $6.9 million in funding to preserve the Residential Reserve

Replacement (RRR) Allowance.

The Assembly provides $900,000 to support the installation of broadband in

State-operated congregate facilities.

The Assembly provides $200,000 to fund the creation of the Center for Autism

Research.

Capital Projects


Article VII

The Assembly accepts the Executive proposal to extend the authority of the OPWDD and

the OMH facility directors to act as representative payees for three years.

The Assembly rejects the Executive proposal to extend the authority for OMH and

OPWDD to appoint temporary operators for five years.

The Assembly rejects the Executive proposal to authorize the NYS Institute for Basic

Research in Developmental Disabilities (IBR) to be designated as an entity under the NYS

Psychiatric Institute (NYSPI) and allow for the transfer of employees from IBR to NYSPI.

The Assembly rejects the Executive proposal related to changing the composition of the

membership for the Developmental Disabilities Planning Council.

52-1


Justice Center for the Protection of People with Special Needs

The Assembly provides an All Funds appropriation of $58.2 million, an increase of $230,000


State Operations


Aid to Localities

The Assembly restores $230,000 in funding for the Adult Home Advocacy Program to

support legal service providers that provide council to adult home residents in New York

City and Long Island.

Capital Projects

Not applicable.

Article VII

The Assembly SﾗWゲﾐげデｷﾐIﾉ┌SW the Executive proposal that would eliminate the Adult

Home Advocacy Program under the Justice Center.

TRANSPORTATION, ECONOMIC

DEVELOPMENT &

ENVIRONMENTAL CONSERVATION

By Agency

53-1


Adirondack Park Agency


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

54-1


Department of Agriculture and Markets



State Operations


Aid to Localities

The Assembly provides $35.41 million for local assistance for agricultural programs, an

increase of $8 million above the Executive proposal, reflecting restorations of $4.36

million and additional funding of $3.64 million. The Assembly proposes to increase

agricultural programs as follows:

o $1.46 million for Cornell Core Diagnostic Lab;

o $1.12 million for Agribusiness Child Care;

o $1.1 million for the New York Farm Viability Institute;

o $600,000 for Harvest NY;

o $500,000 for Farmland for the New Generation;

o $400,000 for Cornell Equitable Farm Futures Initiative;

o $350,000 for Cornell University Rabies Program;

o $350,000 for Cornell Hops Breeding Research and Extension Program;

o $336,000 for Cornell Farm Family Assistance (FarmNet);

o $300,000 for Northern NY Agricultural Development;

o $272,000 for New York State Apple Growers Association;

o $250,000 for Urban Agriculture Education and Outreach (Cornell CCE-NYC);

o $200,000 for Cornell Salmonella Dublin Program;

o $150,000 for Turfgrass Stewardship;

o $125,000 for Tractor Rollover Protection;

o $98,000 for Cornell University Avian Disease Program;

o $75,000 for Maple Producers Association;

o $62,000 for the Cornell Golden Nematode Program;

o $50,000 for Cornell University Maple Research;

o $50,000 for the Sheep Producers Association;

o $50,000 for the Barley Evaluation and Field Testing Program;

o $50,000 for Cornell University Concord Grape Research;

o $50,000 for Cornell University Vegetable Research; and

54-2

o $2,000 for New York Wine and Grape Foundation.

The Assembly provides additional funding from federal appropriations, including:

$10 million for the operating costs of county and local fairs; and

$25 million for Nourish NY, bringing total funding to $85 million since the ヮヴﾗｪヴ;ﾏげゲ inception.

Capital Projects

The Assembly provides $5 million for capital improvements at county and local

fairgrounds.

The Assembly provides $5 million for capital improvements to municipal and non-profit

humane societies and animal shelters and amends the program to help shelters without

a municipal contract to compete for grants.

The Assembly provides $1.2 million for capital improvements at Agribusiness Child Care

centers.

Article VII

The Assembly modifies the Executive Proposal to make permanent the transfer of

agricultural marketing orders administration from the Department of Agriculture and

Markets to Empire State Development Corporation by extending the authorization for

three years.

The Assembly proposes Article VII legislation to establish the Nourish NY program in

statute and to make it permanent.

55-1


Department of Economic Development

The Assembly provides an All Funds appropriation of $79.73 million, a decrease of $3.51 million


State Operations


Aid to Localities

The Assembly does not include support for the following programs in the Executive

proposal:

o $19 million for the consolidated program which combines the Centers of

Excellence and Centers for Advanced Technology;

o $5 million for Innovation Hot Spots & Incubators; and

o $3.97 million for the TasteNY program.

The Assembly restores support for the following programs, which were eliminated in the

Executive proposal:

o $12.96 million in total support for the Centers for Advanced Technology;

o $11 million in total support for 11 Centers of Excellence;

o $250,000 for the SUNY Albany Center of Excellence in Atmospheric and

Environmental Prediction and Innovation; and

o $250,000 for the Center of Excellence in Healthy Water Solutions.

Capital Projects

Not applicable.

55-2

Article VII

The Assembly does not include the Executive proposal that would eliminate the Centers

of Excellence and create a joint program with the Centers for Advanced Technology.

56-1


New York State Energy Research and Development Authority


State Operations

Not applicable.

Aid to Localities

Not applicable.

Capital Projects


Article VII

The Assembly rejects the Executive proposal to transfer $23 million from the Regional

Greenhouse Gas Initiative (RGGI) to the General Fund and instead repurposes these

funds to support energy efficiency and renewable energy programs that include on the

job training and wage subsidies for previously incarcerated individuals seeking

employment in such areas.

The Assembly does not include legislation that would authorize New York State

Research and Development Authority (NYSERDA) to create subsidiaries to develop

project sites for the large-scale renewable Build-Ready Program.

The Assembly modifies legislation that would increase the statutory cap on payments to

local governments from the Electric Generation Facility Cessation Mitigation Fund by

expanding program eligibility and ensuring that this legislation does not increase costs

to ratepayers.

The Assembly accepts the Executive proposal to authorize an annual assessment on gas

and electric corporations to fund certain NYSERDA programs and to continue support

for the Department of Environmental Conservation (DEC) climate change programs.

57-1


Department of Environmental Conservation

The Assembly provides an All Funds appropriation of $1.91 billion, an increase of $100 million

over the Executive Proposal.

State Operations


Aid to Localities

Not applicable.

Capital Projects

Environmental Protection Fund (EPF)

The Assembly modifies the Executive proposal to fund the EPF at $400 million, an

increase of $100 million. The Assembly provides the following increases above the

Executive proposal:

o $14 million for land acquisition;

o $10 million for farmland protection;

o $10 million municipal parks;

o $10 million for municipal recycling;

o $10 million for environmental justice;

o $8 million for water quality improvement projects;

o $7 million for zoos, botanical gardens, and aquariums;

o $7 million for agricultural non-point source pollution control;

o $5 million for non-agricultural non-point source pollution control;

o $6 million for invasive species;

o $4.8 million for public access and stewardship, including a suballocation to

address overuse in the Adirondack and Catskill Parks;

o $4 million for clean vehicle projects, including public electric vehicle fast

chargers;

o $3 million for oceans and great lakes;

o $500,000 for Soil and Water Conservation Districts;

o $500,000 for landfill closure impact planning grants; and

o $200,000 for the Cornell University Soil Health Program.

57-2

Clean Water Infrastructure

The Assembly allocates $500 million for various clean water infrastructure programs to

give greater specificity to the Executive proposal, as follows:

o $200 million for the Water Infrastructure Improvement Act (WIIA);

o $140 million for New York City;

o $50 million for the Lead Service Lines Replacement Program;

o $40 million for land acquisition;

o $40 million for WIIA に emerging contaminants; and

o $30 million for the Intermunicipal Water Infrastructure grant program.

Article VII

The Assembly proposes language to amend the Clean Vehicles Projects program to

include grants to municipalities for publicly available electric vehicle fast chargers.

The Assembly accepts the Executive proposal to extend the authority of certain local

governments to enforce bottle bill law provisions for two years.

The Assembly does not include Executive proposals to:

o revise existing hunting authorizations including decreasing the hunting age to 12

from 14, allowing for the increased use of crossbows, and modifying hunting

seasons;

o codify regulations previously proposed by the DEC including plastic bag thickness

and construction;

o authorize the alienation of certain municipal parkland to facilitate the

construction of the Bay Park Conveyance Project;

o provide certain brownfield cleanup project developers, who were issued

certificates of completion between March 20, 2010 and Jan 1, 2012, additional

time to claim tax credits;

o authorize an alienation of State forest land for a renewable energy project

developed by Alle-Catt Wind Energy LLC; and

o authorize the Department of State to establish uniform standards and conditions

to expedite the environmental approval of residential rezoning projects within

one-half mile of Long Island Rail Road or Metro-North Railroad stations outside

of New York City.

58-1


Metropolitan Transportation Authority


over the Executive proposal. In addition, the Assembly provides a contingency appropriation of

$848.25 million, reflecting no change from the Executive proposal.

State Operations

Not applicable.

Aid to Localities

The Assembly denies the Executive proposal to transfer $136.6 million in dedicated tax

revenues that support the Metropolitan Transportation Authority (MTA) into the

General Fund in SFY 2021-22. The Assembly proposal would fully restore the

$136.6 million to the MTA.

The Assembly provides $5.2 million to maintain the current discounted toll rate for

Staten Island residents traveling on the Verrazano-Narrows Bridge.

The Assembly encourages the MTA to advance projects funded through the outer-

borough fund, including bridge and railroad discount programs as well as an on-demand

e-hail pilot program.

Capital Projects


Article VII

The Assembly does not include the Executive proposal to amend the penal law to make

the intentional use of a toll facility without payment a misdemeanor and would make it

a violation to drive on a toll road with an obscured license plate.

The Assembly does not include the Executive proposal to ﾏﾗSｷa┞ デｴW MTAげゲ HｷSSｷﾐｪ ;ﾐS procurement processes by permitting piggybacking off of existing government contracts

and allowing for requests for proposals using design-build.

58-2

The Assembly does not include the Executive proposal to require public utility

companies to bear the costs of utility relocation work related to MTA capital projects.

The Assembly does not include the Executive proposal to allow contractors, when

performing certain work in connection with a transportation facility under an agreement

with the MTA or New York City Transit Authority, to occupy the streets of the City of

New York for the purposes of performing such work.

The Assembly does not include the Executive proposal to establish new crimes for the

assault or aggravated harassment of certain transit workers.

59-1


New York State Gaming Commission

The Assembly accepts the Executive proposed All Funds appropriation of $424.35 million.

State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

The Assembly modifies the Executive proposal to repeal the state admission tax

provisions related to certain racing activities and impose the state sales tax on such

admissions.

The Assembly modifies the Executive proposal to authorize mobile sports wagering with

platform providers chosen by the Gaming Commission through a competitive bidding

process by substituting it with an alternative proposal to enact mobile sports wagering.

The Assembly does not include the Executive proposal to establish a process for casinos

to petition for a slot tax rate reduction.

The Assembly does not include the Executive proposal to authorize the Gaming

Commission to issue a Request For Information (RFI) regarding the three unawarded

gaming licenses.

The Assembly does not include the Executive proposal to eliminate the current

2,500 square foot restriction on vendors and age restrictions imposed for players under

the age of 21 relating to Quick Draw.

59-2

The Assembly modifies the Executive proposal to remove drawing restrictions for the

Take 5, Pick 10, Lotto and other new lottery games by authorizing these games to be

drawn no more than twice daily, include a reporting requirement, and add a one-year

sunset provision for these additional drawings.

The Assembly modifies the Executive proposal to transfer the responsibilities and duties

of the Office of the Gaming Inspector General under the Gaming Commission to the

Office of the Inspector General by including a report as to the activities of the office,

adding protections for civil service employees, and removing the proposed changes

relating to statements made by commission officers or employees to the Gaming

Inspector General.

The Assembly accepts the Executive proposal to extend the current pari-mutuel tax

rates and provisions related to the simulcasting of out-of-state thoroughbred and

harness races for one year.

The Assembly does not include the Executive proposal to suspend racing support

payments made by certain gaming facilities to relevant horsemen and breeders while

such gaming facilities and video lottery gaming facilities are operating under COVID-19

restrictions and provide a schedule of payments from the period of January 1, 2020 until

February 28, 2020.

60-1


Department of Motor Vehicles


State Operations


Aid to Localities


Capital Projects


Article VII

The Assembly does not include the Executive proposal to modify and extend, for five

years, the law authorizing the demonstration and testing of autonomous vehicles on

public roads, including replacing statutory demonstration and testing parameters with

regulatory administration of the program, create an Interagency Group on Autonomous

Vehicle Technology, and modify the law to allow the operation of a motor vehicle with

no hands on the steering wheel if a driving automation system is engaged.

The Assembly does not include the Executive proposal to establish a mandatory, non-

refundable one dollar DMV technology fee, to be imposed on all motor vehicle,

motorcycle, historic motorcycle, snowmobile and vessel registration, re-registration and

ヴWｪｷゲデヴ;デｷﾗﾐヴWﾐW┘;ﾉデヴ;ﾐゲ;Iデｷﾗﾐゲが ;ﾐS ﾗﾐ ;ﾉﾉﾗヴｷｪｷﾐ;ﾉが S┌ヮﾉｷI;デW ;ﾐS ヴWﾐW┘;ﾉﾉW;ヴﾐWヴげゲヮWヴﾏｷデが Sヴｷ┗Wヴげゲﾉｷcense and non-driver identification card transactions.

61-1


Olympic Regional Development Authority (ORDA)


State Operations


Aid to Localities

Not applicable.

Capital Projects


Article VII

Not applicable.

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Office of Parks, Recreation and Historic Preservation


State Operations


Aid to Localities


Capital Projects


Article VII

Not applicable.

63-1


Department of Public Service


State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

The Assembly does not include legislation that would allow building owners to deduct

renewable energy credits from NYC building emissions requirements notwithstanding

NYC Local Law 97.

The Assembly does not include legislation that would make technical amendments to

the Office of Renewable Energy Siting related to the State Environmental Quality Review

Act (SEQRA) employee transfers, use of collected fees, and public service law definitions.

The Assembly does not include legislation to make permanent the existing moratorium

on the termination of utility and phone services and extend such moratorium to

television and broadband services, and instead will consider legislation related to this

issue outside of the budget.

The Assembly does not include legislation to require broadband service providers to

offer to low-income New Yorkers a $15 per month broadband plan and instead will

consider legislation related to this issue outside of the budget.

The Assembly proposes an Article VII to require the Public Service Commission to

conduct a study of the availability, affordability and reliability of high-speed internet and

63-2

broadband services in New York State, and to publish on its website a detailed internet

access map. The Assembly provides $3 million for this purpose.

The Assembly modifies the Executive proposal to authorize certain state agencies to

finance public health campaigns and utility oversight related costs from assessments on

cable television companies and public utilities by including a one-year sunset.

64-1


Department of State



State Operations

The Assembly does not include $600,000 for the data privacy initiative.

The Assembly provides support for the following programs:

o $1 million for establishing a public intervenor fund for energy-related regulatory

matters; and

o $350,000 for the creation of the Office of the State Utility Consumer Advocate.

Aid to Localities

The Assembly provides support for the following programs:

o an additional $10 million in immigrant legal assistance for the Office of New

Americans; to address hate crimes and other bias-based activities directed

towards new immigrant communities; and

o $1 million for the Public Utility Law Project.

Capital Projects


Article VII

The Assembly does not include the Executive proposal to require certain companies to

disclose data collection purposes and limit data collection practices.

The Assembly does not include the Executive proposal to require disclosures for voice

recognition features in connected devices.

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The Assembly does not include the Executive proposal which would amend the Business

Corporation Law to allow the Secretary of State to be served electronically and then

serve process against a corporation electronically.

The Assembly does not include the Executive proposal to establish a process by which

notarizations can be completed electronically.

The Assembly accepts the Executive proposal to permanently permit the Secretary of

State to charge increased fees for the expedited handling of certain documents.

The Assembly proposes Article VII language that would create the Office of the Utility

Consumer Advocate that would serve as an independent advocacy office to aid

consumers in disputes with public utilities.

The Assembly proposes Article VII language that would establish funding for utility

intervenor reimbursement that would authorize certain participants to be reimbursed

for expenses incurred in Public Service Commission cases.

65-1


Department of Taxation and Finance


State Operations


Aid to Localities


Capital Projects

Not applicable.

Article VII

The Assembly modifies the Executive proposal to amend various tax preparer oversight

provisions, to eliminate the new daily penalty provisions and to maintain a 30-day

penalty cure period.

The Assembly does not include the Executive proposal to combine the property transfer

form and the real estate transfer tax form into a consolidated real property tax form;

and create an online system for e-filing and paying the associated taxes and fees.

The Assembly does not include the Executive proposal to make various technical

changes in order to facilitate the administration of real property taxes.

The Assembly does not include the Executive proposal to extend the statutory deadline

for implementing the Secure Choice Program from April 12, 2020 to December 31, 2021.

The Assembly does not include the Executive proposal to extend the existing real

property tax exemption for renewable energy projects from 2025 to 2030 and establish

a statewide standardized approach for real property tax assessment for such projects.

The Assembly does not include the Executive proposal to authorize the Tax Department

to appeal adverse Tax Appeals tribunal decisions.

66-1


Division of Tax Appeals


State Operations


Aid to Localities

Not applicable.

Capital Projects

Not applicable.

Article VII

Not applicable.

67-1


Department of Transportation

The Assembly provides an All Funds appropriation of $11.33 billion, an increase of


State Operations


Aid to Localities


revenues that support non-MTA downstate transit systems into the General Fund and

fully restores this amount to non-MTA downstate transit systems.


revenues that support upstate transit systems into the General Fund and fully restores

this amount to upstate transit systems.

The Assembly provides $10 million for a new grant program to establish five or more e-

hail on-demand pilot programs.

Capital Projects

The Assembly modifies the second year of the two-year DOT capital plan by providing an

additional $504 million, primarily to municipalities and transit authorities. The Assembly

proposes to provide funding as follows:

o $100 million for Local Pave NY;

o $100 million for Local Bridge NY;

o $100 million for State Route NY to reimburse cities, towns and villages for the

cost of capital projects on NY or US signed State Touring Routes;

o $84 million for non-MTA mass transit capital projects, including $4 million for

capital costs related to bus rapid transit;

67-2

o $35 million for passenger rail projects, including funding to update previous

high-speed passenger rail studies in anticipation of potential new Federal

funding for Amtrak;

o $20 million for freight rail; and would

o restore $65 million in Extreme Winter recovery funding while maintaining

$438.1 million for the Consolidated Highway Improvement Program (CHIPs) and

$39.7 million for the Marchiselli Program.

The Assembly identifies projects to be funded within existing appropriations, including:

o $20 million for the Kensington Expressway redesign project in Erie County;

o $10 million to construct a protected multi-use path with riverfront access as part

of the Major Deegan Expressway rehabilitation project; and

o $4 million to upgrade one Long Island Rail Road train engine to meet higher

emissions standards.

The Assembly reallocates appropriations for engineering costs to support DOT State

workforce engineers, and authorizes DOT to fund a study by the Department of Civil

Service of private sector compensation for engineers comparable to those sought for

employment by DOT and the competitiveness of DOT in hiring engineers.

The Assembly modifies appropriation language to ensure DOT provides the legislature

with pavement and bridge condition reports and capital plan project lists.

The Assembly does not include language throughout the DOT capital plan that allows

the Division of Budget to delay the release of capital plan funds.

Article VII

The Assembly proposes Article VII language to increase the cap on grants and loans to

municipal and private airports in the AIR 99 Program from $1.5 million to $2.5 million.

The Assembly does not include the Executive proposal to increase penalties imposed for

violations of laws or regulations prohibiting the operation of certain motor vehicles on

highways or parkways and for violations relating to vehicle height, require notification

about bans on commercial vehicle operation on parkways, and regulate the use of

global positioning systems (GPS) on commercial vehicles.

67-3

The Assembly does not include the Executive proposal to expand crimes committed

against highway workers, motor vehicle inspectors, motor carrier inspectors,

Department of Motor Vehicles (DMV) employees, and county clerks performing motor

vehicle transactions on behalf of DMV, prohibit motorists from intruding into active

work zones, create a work zone safety and outreach program, modify laws relating to

the moving of vehicles, cargo and debris following crashes, and increase penalties for

persons convicted of failing to exercise due care to avoid hitting a pedestrian or bicyclist

and causing physical injury or serious physical injury.

68-1


Urban Development Corporation


over the Executive proposal. Additionally, the Assembly provides an additional $1 billion for a

new Small Business Reopening and Relief Grants Program.

State Operations

Not applicable.

Aid to Localities

The Assembly does not include support for the following programs that were

recommended in the Executive proposal:

o $42.5 million for advertising support for tourism and economic development

promotion;

o $26.18 million for the Empire State Economic Development Fund; and

o $7 million for Market NY.

In addition, the Assembly provides $25 million for the I Love New York Restaurants

Program, a partnership between restaurants and nonprofit organizations to provide

meals to people in need during the COVID-19 emergency period.

Capital Projects

The Assembly does not include support for the following programs that were included in

the Executive proposal:

o $220 million for the New York Works Economic Development Fund;

o $150 million for Regional Economic Development Councils; and


68-2

The Assembly proposes shifting $1.3 billion in capital from the Special Infrastructure

Account to the Urban Development Corporation.

The Assembly restores $745.67 million in dropped reappropriations for life science

initiatives and the Wadsworth Lab in the Capital Region.

Article VII

The Assembly proposes to modify the Executive proposal to extend the general loan

powers of the UDC for one year rather than three. The Assembly proposes to modify the Executive proposal to extend the authorization of

the UDC to administer the Empire State Development Fund for one year rather than

three. The Assembly proposes to modify the Executive proposal to create the Small Business

Return-to-Work Tax Credit Program which would provide tax credits to businesses,

restaurants, and musical venues. The Assembly modifies the small business credit to

make it advanceable in the upcoming fiscal year, and also includes language on

reporting.

The Assembly proposes to modify the Executive proposal involving the Economic

Transformation and Facility Redevelopment Program tax credits to extend to one year.

The Assembly proposes new Article VII language for the Small Business Reopening and

Relief Grant Program to help small businesses impacted by COVID-19 get back to

business. This program provides funding for essential businesses costs such as payroll,

rent, insurance, PPE, and license fees. Businesses like Minority and Women Owned

Business, micro-businesses, veteran-owned, and businesses in significantly impacted

industries will receive priority access to these funds.

69-1


Miscellaneous: Transportation, Economic Development and Environmental

Green Thumb Program


Greenway Heritage Conservancy for the Hudson River Valley


Hudson River Park Trust


Hudson River Valley Greenway Communities Council


New York Power Authority

State Operations


Article VII

The Assembly does not include the Executive proposal to allow NYPA to establish a pure

captive insurance company.

The Assembly does not include the Executive proposal to authorize the Long Island

Power Authority to restructure existing debt through the issuance of securitized

restructuring bonds by the Utility Debt Securitization Authority and to authorize new

bond issuances for resiliency and reliability improvements.

69-2

The Assembly does not include the Executive proposal to increase, from 100 to 150

megawatts, the amount of Recharge New York power available to not-for-profits and

small businesses.

The Assembly does not include the Executive proposal to create a new public benefit

corporation known as the New York State Canal System Revitalization Trust.

New York State Thruway Authority

Article VII

The Assembly does not include the Executive proposal to permit electronic bidding for

Thruway Authority contracts.

The Assembly does not include the Executive proposal to increase the monetary

threshold for procurement contracts that are subject to board approval from $15,000 to

$50,000.

LEGISLATURE & JUDICIARY

By Agency

70-1


Judiciary


State Operations

The Assembly supports the reinstatement of the judges that were denied senior status

certification due to budgetary concerns and provides funding for restoring the senior

status of judges, and restores $26 million.

The Assembly restores $8.5 million to the proposed cash reductions to civil legal service

providers.

Aid to Localities


Capital Projects


Article VII

The Assembly includes a proposal to prohibit courts from considering the sex, sexual

orientation, gender identity, or gender expression of a party when determining the best

interest of a child in a child custody matter.

The Assembly does not include the following proposals:

o to authorize the court to require alleged domestic violence abusers to pay

housing costs, such as damages, moving and mortgage costs of the residence of

the person protected by a related order of protection;

o to allow for a stay in commercial evictions for nonpayment of rent;

o to prohibit the collection of fees for late rent payments from March 20, 2020 to

May 1, 2021;

70-2

o デﾗ ;SS さWデｴﾐｷIｷデ┞がﾐ;デｷﾗﾐ;ﾉﾗヴｷｪｷﾐが ;ｪWが Sｷゲ;Hｷﾉｷデ┞がゲW┝がゲW┝┌;ﾉﾗヴｷWﾐデ;デｷﾗﾐが ;ﾐS ｪWﾐSWヴｷSWﾐデｷデ┞ ﾗヴ W┝ヮヴWゲゲｷﾗﾐざ ;ゲヮヴﾗデWIデWS Iﾉasses in the state constitution; and

o to establish the annual rate of interest to be paid on a judgment or accrued claim

to be calculated at the one-year United States treasury bill rate.

DEBT SERVICE

71-1


Debt Service and Capital Projects

The Assembly provides an All Funds Debt Service appropriation of $11.41 billion, a decrease of

$11 billion from the Executive proposal. The Assembly provides All Funds Capital appropriations

totaling $16.21 billion, an increase of $1.40 billion over the Executive.

State Operations

Not applicable.

Aid to Localities

Not applicable.

Capital Projects

The Assembly does not include the Executive proposal to provide support for the

following initiatives:

o $220 million for NY Works Economic Development Fund;

o $150 million for Regional Economic Development Councils; and


TｴW AゲゲWﾏHﾉ┞ ﾏﾗSｷaｷWゲデｴW E┝WI┌デｷ┗Wげゲヮヴﾗヮﾗゲ;ﾉ aﾗヴデｴW Sデ;デW┘ｷSW Eケ┌ｷヮﾏWﾐデ Fｷﾐ;ﾐIW program to provide support for the following initiatives:

o $30 million for State and Local Boards of Elections; and

o $25 million for body cameras for local police agencies.

The Assembly modifies the Executive proposal to provide additional support for the

following initiatives:

o an increase of $100 million for SUNY capital for a total of $650 million;

o an increase of $66 million for CUNY capital for a total of $350 million;

o an increase of $65 million for CHIPs for a total of $542.8 million; and

o an increase of $20 million for Library Capital Grants for a total of $34 million.

71-2

The Assembly allocates the $500 million funding recommendation for Clean Water

Infrastructure to provide support for the following initiatives:

o $200 million for Water Infrastructure Improvement Act (WIAA);

o $140 million for NYC Watershed Projects;

o $50 million for the Lead Service Line Replacement Program;

o $40 million for WIAA Emerging Contaminants;

o $40 million for land acquisition; and

o $30 million for Intermunicipal Water Infrastructure Grants.

The Assembly allocates a portion of the $6.09 billion funding recommendation for DOT

Year 2 Capital Appropriations to provide support for the following initiatives:

o $30 million for DOT projects of regional significance; and

o $4 million for a diesel engine on the Long Island Railroad.

The Assembly provides appropriations for the following initiatives:

o $500 million for NYC Housing Authority;

o $125 million for Public Housing Assistance;

o $100 million for Mitchell Lama;

o $100 million for Bridge NY;

o $100 million for PAVE NY;

o $100 million for State Route NY;

o $80 million for Non-MTA Transit Capital;

o $35 million for passenger rail;

o $30 million for Higher Education Capital Matching Grant Program;

o $30 million for 4201 School Capital Needs;

o $30 million for SUNY Educational Opportunity Centers;

o $25 million for Securing Communities Against Hate Crimes;

o $20 million for freight rail;

o $20 million for Arts and Cultural Facilities;

o $15 million for CUNY Green Energy/Offshore Wind Capital;

o $5 million for local fairs;

o $5 million for animal shelters;

o $3.3 million for EQUAL program; and

o $1.2 million for Agriculture Migrant Childcare.

Debt Service

The Assembly does not include appropriations of $8 billion for payments related to

short-term Personal Income Tax (PIT) notes and $3 billion related to a line of credit.

71-3

Additionally, the Assembly does not include the prepayments of $1.6 billion in

SFY 2020-21 and $676 million in SFY 2021-22 on debt service due in SFY 2022-23

through SFY 2024-25.

Article VII

The Assembly does not include the Executive proposal to:

o extend for one additional year the authorization to issue up to $8 billion in short-

term PIT notes;

o extend for an additional three years the authorization to enter into line of credit

agreements of up to $3 billion;

o make school districts and not-for-profits presumptively eligible for DASNY

construction, design, and financing services for capital projects in excess of

$5 million;

o raise the Medical Care Facilities Finance Agency bond cap from $16.6 billion to

$17.4 billion; and

o grant the New York Convention Center Operation Corporation the ability to act

as a construction-permitting agency authorized for the Javits Convention Center.

The Assembly modifies the following Executive proposals to:

o suspend the Debt Reform Act for all SFY 2021-22 debt issuances to exempt from

the only debt issued to refinance outstanding bonds of the Sales Tax Asset

Receivable Corporation and Secured Hospital program, and bonds issued to fund

デｴW Sデ;デWげゲ IﾗﾐデヴｷH┌デｷﾗﾐデﾗデｴW MTA I;ヮｷデ;ﾉヮﾉ;ﾐゲ; exempt only debt issued for

the Sデ;デWげゲ IﾗﾐデヴｷH┌デｷﾗﾐデﾗデｴW MTA I;ヮｷデ;ﾉヮﾉ;ﾐゲ from the 30-year maximum

maturity requirement; and restore the restriction that debt shall only be issued

for capital purposes; and

o refund outstanding secured hospitals project bonds to remove language that

authorizes the director of the budget to determine the use of all savings

associated with the refunding.

The Assembly modifies the following bond caps:

o Economic Development Initiatives decreases from $11.25 billion to

$10.93 billion;

o SUNY Education Facilities from $15.46 billion to $15.59 billion;

71-4

o CUNY Education Facilities from $9.55 billion to $9.63 billion;

o Consolidated Highway Improvement Program from $11.84 billion to

$11.90 billion;

o Library Facilities from $279 million to $299 million;

o Transportation Initiatives from $8.84 billion to $9.28 billion;

o Housing Capital Programs from $7.09 billion to $7.81 billion; and

o 4201 Schools from $196 million to $226 million.

The Assembly provides language to increase the following bond caps:

o Higher Education Capital Matching Grants from $300 million to $330 million;

o Department of Health Facilities from $495 million to $598.22 million; and

o Child Care Facilities from $30 million to $31.2 million.

2021-22 assembly budget proposal

Documents